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HomeMy WebLinkAbout2018 10-22 CCP Regular SessionCouncil Study Session City Hall Council Chambers October 22, 2018 AGE NDA 1.City Council Discussion of Agenda Items and Questions - 6 p.m. The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 2.M iscellaneous 3.Discussion of Work S ession Agenda Item as T ime P ermits 4.Adjourn C IT Y C O UNC IL M E E T I NG City Hall Council Chambers October 22, 2018 AGE NDA 1.Informal Open Forum with City Council - 6:45 p.m. Provides an opportunity for the public to address the C ounc il on items which are not on the agenda. Open Forum will be limited to 15 minutes, it is not televised, and it may not be used to make personal attacks, to air personality grievances, to make political endorsements, or for political c ampaign purposes. Council Members will not enter into a dialogue with citizens. Questions from the C ounc il will be for c larific ation only. Open Forum will not be used as a time for problem solving or reac ting to the comments made but, rather, for hearing the c itizen for informational purposes only. 2.Invocation - 7 p.m. 3.Call to Order Regular Business M eeting The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full City C ounc il packet is available to the public . The packet ring binder is loc ated at the podium. 4.Roll Call 5.P ledge of Allegiance 6.Approval of Agenda and Consent Agenda The following items are c onsidered to be routine by the C ity Council and will be enac ted by one motion. There will be no separate discussion of these items unless a Councilmember so requests, in which event the item will be removed from the c onsent agenda and considered at the end of Council Consideration I tems. a.Approval of Minutes - Motion to approve the minutes for: October 8, 2018 - Study Session October 8, 2018 - Regular Session October 8, 2018 - Work Session b.Approval of L icenses - Motion to approve the licenses as presented c.Resolution A uthorizing Habitat for Humanity to Participate in the Hennepin County Housing and Redevelopment Authority’s Affordable Housing I ncentive F und L oan - Motion to approve the resolution authorizing Habitat for Humanity to participate in the Hennepin County Housing and Redevelopment Authority's Affordable Housing Incentive Fund Loan d.Resolution A dopting the Hennepin County All-Hazard Mitigation Plan - Motion to adopt resolution for the Hennepin County All-Hazard Mitigation Plan. e.Resolution A ccepting Work Performed and Authorizing Final P ayment, Project No. 2016-09, 69th Avenue Greenway and Cahlander Park F ence Replacement I mprovements - Motion to approve the resolution accepting work performed and authorizing final payment, Project No. 2016-09, 69th Avenue Greenway and Cahlander Park Fence Replacement Improvements f.Resolution A ccepting Work Performed and Authorizing the Release of Funds for Certain F inancial Guarantees Being Held by the City (L uther B rookdale Volkswagen Dealership) - Mo t i o n t o approve a resolution Accepting Work Performed and Authorizing the Rel ease of Funds for Certain Financial Guarantees Being Held by the City (Luther Brookdale Volkswagen Dealership). 7.P resentations/Proclamations/Recognitions/Donations a.Proclamation Declaring October 22, 2018, to be Designated as Random Acts of Kindness Day - Motion to approve Proclamation Declaring October 22, 2018, to be Designated as Random Acts of Kindness Day b.Random A cts of K indness Recognition and Certificate Ceremony - City Council members alternately read nominations received for Random Acts of Kindness while Mayor Willson presents the Certificate of Recognition to the nominees. 8.P ublic Hearings a.An Ordinance A mending Chapters 1 and 19 of the City Code of Ordinances Regarding Chickens -Motion to open public hearing,take publi c comment, and close publ ic heari ng -Motion to adopt an ordinance amendment Chapters 1 and 19 of the City Code of Ordinances creating provisions to allow the keeping of backyard chickens 9.P lanning Commission Items 10.Council Consideration Items a.Consideration of Type I V 6-Month P rovisional Rental L icense - Motion to approve a resolution for a Type IV - 6 Month Rental License for 6919 France Ave N b.An Ordinance A mending Chapters 19 and 27 of the City Code Regarding Parking - Motion to approve the first reading of an ordinance amending Chapters 19 and 27 of the City Code regarding parking, and call for a second reading and public hearing for November 13, 2018 c.Resolution A dopting I nterim Regulations Related to Elementary and Secondary S chools as an I nterim Use - Motion to approve a resolution adopting interim regulations for elementary and secondary school use in the City's commercial district on the issuance of an Interim Use Permit 11.Council Report a.Reminder of S now Event Parking Ordinance Effective November 4 12.Adjournment COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:R eggie Edwards, Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Minutes Requested Council Action: - M otion to approve the minutes for: O ctober 8, 2018 - S tudy S ession O ctober 8, 2018 - R egular S ession O ctober 8, 2018 - Work S ession Background: S trategic Priorities and Values: O perational Exc ellenc e 10/08/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION OCTOER 8, 2018 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:02 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Specialist Brett Angell, Deputy Director of Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS City Manager Curt Boganey reported that since the abatement has been taken care of, Consent Agenda Item 6f, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota, can be removed from the agenda. Councilmember Ryan requested discussion on Consent Agenda Item 6e, An Ordinance Amending Chapter 23 of the City Code of Ordinances Regarding Tobacco and Tobacco Related Products. He asked whether there is a ban under State Statutes against smoking sample tobacco products at a tobacco sales vendor’s establishment. City Attorney Troy Gilchrist recalled the provision that was suggested by Hennepin County to the City as it viewed that provision as being a loophole in State law since it is not strictly prohibited. Mr. Gilchrist advised that the City’s ordinance as drafted is written to prevent that from occurring. Councilmember Ryan read the Statute language and asked if it also applies to vaping products. Mr. Gilchrist stated that is a covered product and would also apply; however, he will look at the language again to assure that is the case. Mayor Willson stated the City Council received a letter from the Minnesota Department of Health supporting the T-21 Ordinance and even more strict regulations. 10/08/18 -2- DRAFT Councilmember Ryan stated it would be ideal if this were enacted as State law to require an age of 21 to purchase tobacco but the possibility exists to strengthen the City’s ordinance if the State fails to meet its responsibility. Mayor Willson noted after the City Council’s discussion, State and federals agencies have debated the same concerns and are now going after vaping products as they contain nicotine and flavors that market to young people. Councilmember Graves asked whether a presentation will be made on Agenda Item 8a, An Ordinance Amending Chapter 12 of the City Code of Ordinances Regarding Rental Licensing. Mr. Boganey stated a staff overview will be provided prior to the public hearing. Councilmember Lawrence-Anderson requested the following correction to the Regular Session minutes of September 24, 2018: Page 7, Paragraph 1: “…to pick up their car…” It was the majority consensus of the City Council to accept the correction to the September 24, 2018, Regular Session minutes. MISCELLANEOUS Councilmember Graves asked when the City Council will hear more about the affordable housing discussion. Mr. Boganey stated he spoke with the Community Development Director today and that topic will be scheduled for November. Councilmember Graves asked how it is decided which proclamations are considered, noting October is Domestic Violence Awareness Month and today is Indigenous People Day. Mayor Willson stated October is also Cancer Awareness Month. Mr. Boganey stated the process is to submit a request to the City Clerk’s office and it is then shared with Mayor Willson. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS HONEY BEEKEEPING City Manager Curt Boganey introduced Community Development Director Meg Beekman to introduce this item. Community Development Director Meg Beekman noted this issue had been presented to the City Council on May 29, 2018; however, the discussion largely focused on the keeping of native pollinator bees. At that meeting, staff had indicated the City Code is largely silent on the keeping of bees and while it could be interpreted to prohibit the keeping of honey bees, the City’s past practice has been to not prohibit that activity. At the time of that discussion, the City had never received a complaint about the keeping of honey bees. 10/08/18 -3- DRAFT Ms. Beekman stated the City Council’s direction was to not make any changes to the ordinance and discussion ensued on the allowance of native bee habitats provided they were in keeping with other Property Maintenance Code provisions. Ms. Beekman noted the City has now received a complaint regarding a resident keeping honey bees. The City’s Code Enforcement Inspector investigated and confirmed the keeping of honey bees on the property. Ms. Beekman explained the City Attorney has since reviewed the Code and feels it prohibits the keeping of honey bees. She stated while the City does not need to enforce this provision, staff recommends amending the ordinance if the City Council does want to expressly allow honey bees. If the City Council wants to prohibit honey bees, the ordinance would not need to be amended but it would be helpful if the City Council provided clearer direction since it would constitute a change in past practice. Mayor Willson stated he remembers the discussion that found honey bees fall under a farm animal type of consideration whereas native bees do not fall under that category. He stated with raising chickens, they are to provide eggs to the owners but not for sale to the public. He asked if that consideration would be the same with honey bees in not being able to sell honey to the public. Ms. Beekman answered in the affirmative, noting additional research will be needed and the Housing Commission may also be asked for a recommendation. She stated some interested residents are in attendance tonight and may want to make comment when this topic is before the City Council. She doubted that large amounts of honey would be produced to the extent there would be honey for sale to the public. Mayor Willson agreed that is probably the case in Brooklyn Center where yards are not as large so they cannot support more than one or two hives. He also agreed with the need for additional research before considering this option. Councilmember Butler asked what type of complaint was received. Ms. Beekman stated her sense it was just a complaint that honey bees were being kept. She stated staff are not experts in honey beekeeping and if the direction is to not allow them, she recommends getting expert advice before acting on enforcement to assure safe removal of the hive. Mayor Willson wondered if it was a different property complaining about someone keeping honey bees, noting that is how the City became aware of a resident keeping pigeons. Councilmember Butler stated she does not have a problem with residents keeping honey bees as it is her understanding they would need a large acreage in order to make a profit from selling honey. Instead, she finds it is more of a personal gardening or hobby activity. Councilmember Butler stated she does not think the City Council needs to spend a lot of time on it. Mayor Willson noted the City Council will need to assure an ordinance is appropriate if it is considered. 10/08/18 -4- DRAFT Councilmember Graves stated bugs are a fan of hers so she is concerned about that but understands the importance of pollinators and would consider allowing honey bees. She also understands the concern of having too many honey bees but would ask why anyone would object to selling honey as it would promote the City Council’s strategic goal of resident economic stability. She supported looking at what that process would look like as residents may be interested in selling honey at the local Pop-Up Market. Mayor Willson noted if selling honey is allowed, he City would have to get information from the Minnesota Department of Health about their regulations. He stated while he does not object to considering honey bees, he wants to assure all aspects are known. He noted not all native bees sting or swarm or make honey. Mr. Boganey stated the City Ordinance excerpt is not included in the packet and asked the City Attorney to explain the section of Code that applies and why it does not allow the keeping of honey bees. Mr. Gilchrist stated this came from an opinion expressed by a law student hired by the University of Minnesota to review local ordinances on bee keeping. The conclusion of that research indicated that since Brooklyn Center does not expressly deal with the issue, it is allowed. Mr. Gilchrist stated he takes exception to that conclusion as the Zoning Code says if a land use is not expressly allowed, then by default it is prohibited. He noted honey beekeeping is not specifically allowed under any zoning district so the default is that it is prohibited. Mr. Gilchrist referenced Section 19 of the City Code dealing with the keeping of wild animals generally and that it is not allowed. He stated with those two provisions, he finds the keeping of honey bees is not allowed. Mr. Gilchrist advised if the City Council wants to allow the keeping of honey bees, then it should be expressly stated as such and parameters established to assure there are sufficient barriers so it does not create a nuisance to neighbors. Mayor Willson concurred and stated if complaints are received in a location, then the Nuisance Ordinance will have to apply. He stated the next issue may be raising geese or turkeys or potbelly pigs and asked where the ‘line is drawn.’ Councilmember Ryan stated he was a ‘chicken skeptic’ but it appears the City Council will pass that ordinance and if adopted, he has a duty to support the consensus decision. He explained that in cases like this, his concern is that if you allow one agriculture use then does it establish precedent for allowing other agriculture uses as being acceptable. Councilmember Ryan stated he visited with a resident who advocated backyard chickens and also keeping goats as they are good for eliminating Buckthorn, noting that speaks to his concern of establishing precedence. Mayor Willson asked if someone wants a milk cow, and some properties in the City could support it, what would be the difference between that and other farm animals. Mr. Boganey stated the answer is that the ‘line is drawn’ wherever the City Council decides to ‘draw the line.’ It is a question of the City Council’s discretion as to how to respond to various requests and whether it can be reasonably managed and something the community standards and values would support. It is a policy decision of the City Council on a case-by-case basis and a different conclusion could be reached depending on the request and facts. 10/08/18 -5- DRAFT Mr. Gilchrist concurred with Mr. Boganey and stated the issue of honey bees is before the City Council because it is not a decision of staff and the ordinance does not allow it. If the City Council wants to add honey beekeeping, then the ordinance can be changed to name that use. The reason a goat would not be allowed is because it is not named in the ordinance as being allowed. He advised that from a legal perspective, the City Council is not compelled to allow anything more than specifically named in the ordinance. Councilmember Ryan stated he felt it was a point that needed to be addressed by informed sources. He noted there is a generational divide as the long-term residents he spoke with are skeptical of these uses, whereas others embrace a different lifestyle that entails an ecological focus, which he has to respect even if concerned about possible conflicts that may arise. He stated he wouldn’t object to further studying beekeeping. Mayor Willson commented on how different diversities view animals, noting while in Liberia at a formal celebration, he was handed a white chicken, which has great meaning to the Liberian population. He stated he does not object to further discussion on honey beekeeping as long as the health issues are addressed if honey is for sale, and that additional requests are considered on a case-by-case basis. Councilmember Graves asked if residents who currently have honey bees will receive a citation. Mayor Willson suggested the City Council place a moratorium on enforcement of honey beekeeping until this issue is resolved. It was the majority consensus of the City Council to refer the keeping of honey bees to the Planning Commission and Housing Commission for their review and recommendation. BROOKLYN CENTER SCHOOL DISTRICT REQUEST FOR AN INTERIM USE PERMIT City Manager Curt Boganey introduced Community Development Director Meg Beekman to introduce this item. Community Development Director Meg Beekman stated the Brooklyn Center School District is embarking on a significant renovation of the Brooklyn Center Middle and High School. In order to accommodate the most efficient construction schedule, the School District is expecting to relocate a number of high school students and faculty into temporary off-site classrooms for approximately two years and has identified the former Brown College building as a suitable location. Ms. Beekman stated this relocation will require some renovation to the vacant building to make it suitable for student use. The School District would like to enter into a 20-month lease and begin renovations as soon as possible so it is ready for students by January. She explained the building is currently zoned C-2, which does not allow K-12 education as a permitted use. The property is also in the Central Commerce Overlay District that prohibits K-12 educational uses. 10/08/18 -6- DRAFT Ms. Beekman noted the Zoning Code has a provision that allows temporary classrooms as an interim use on properties already occupied by schools, through an Interim Use Permit (IUP). The IUP process is similar to the City’s Special Use Permit (SUP) process as it requires a public hearing before the Planning Commission and approval from the City Council. In addition, the City can place a sunset date on the IUP, which is not allowed with the SUP process. Ms. Beekman stated if the City Council is amenable to the use of the former Brown College building as temporary classroom space, it can be accommodated through an amendment to the current IUP provision for temporary classroom space and minor modification to the C-2 and Central Commerce Overlay Districts. Ms. Beekman explained that in order to accommodate the School District’s timeline, they are asking the City Council to consider an interim ordinance that gives the School District the confidence to sign a lease and begin their remodeling work while the ordinance amendments and IUP application move through the City’s typical process. She noted the City Attorney has indicated the City can process the interim ordinance through a resolution rather than an emergency ordinance, which can be brought to the City Council as soon as October 22, 2018, if the City Council decides to move forward. Ms. Beekman stated there is mutual benefit as the site is currently vacant and under a master study so holding that site with this use would be favorable for the City and from a land use perspective. Mayor Willson noted the building is already set up with classrooms so this would be a good use. He stated he supports the interim use and the School District in the changes they are making. Mayor Willson stated it comes down to an issue of security and this reconstruction project will put security in place. He noted the City allowed an interim process with Luther Auto and he believes it will also work well with this request. Councilmember Graves asked about bussing students. Jim Langevin, School District Director of Operations, stated they will have a master plan to phase starting times by 15 minutes to accommodate bussing schedules. In addition, there will be a shuttle bus. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Mayor Willson close the Study Session at 6:45 p.m. RECONVENE STUDY SESSION Councilmember Ryan moved and Councilmember Graves seconded to reconvene the Study Session at 6:54 p.m. Motion passed unanimously. 10/08/18 -7- DRAFT BROOKLYN CENTER SCHOOL DISTRICT REQUEST FOR AN INTERIM USE PERMIT – continued Councilmember Graves stated her support to consider this request by resolution rather than emergency ordinance. Councilmember Ryan stated support for staff’s recommendation to provide the School District with assurance that the City Council supports their efforts whether by interim ordinance or resolution. Mayor Willson noted an interim ordinance may be better for documentation, noting that process has been used in the past. Mr. Boganey explained the City Attorney has advised that either process can be used. He asked for an explanation of the significant difference between the two approaches. Mr. Gilchrist stated if using a resolution, as has been done in the past, it puts in place temporary regulations while the interim ordinance is working itself through the process. The resolution would put it into place now and the ordinance amendment would then follow. Mr. Gilchrist explained that consideration of an emergency ordinance needs a component of urgency, which this may potentially have, and if adopted would result in the immediate adoption of the interim ordinance with the zoning ordinance amendment working itself through the process. Mr. Gilchrist stated the City Council enacted an emergency ordinance several years ago but does not do so often. He stated either process if fine in this particular case. The majority consensus of the City Council was to direct staff to move forward with the requested resolution and interim ordinance for consideration at the October 22, 2018, City Council meeting. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded to close the Study Session at 6:59 p.m. Motion passed unanimously. 10/08/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 8, 2018 CITY HALL – COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Public Works Director Doran Cote, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Specialist Brett Angell, Business and Workforce Development Specialist Brett Angell, Deputy Director of Building and Community Standards Jesse Anderson, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. He announced the coming ordinance related to parking restrictions during snow events. Honey Beekeeping Sara Capers, 5218 70 th Avenue, Willow Lane, Precinct 4, addressed the City Council. She stated the reason the honey beekeeping issue was brought forward was because her neighbor received a complaint and was told by Mr. Hartman she had two weeks to comply. Ms. Capers stated she has been keeping bees in Brooklyn Center for seven years and had called City staff prior and received verbal permission to keep bees. She noted the May 29 memorandum states clearly the City does not have a City Code in place relating to beekeeping. Ms. Capers stated it seems there was arbitrary enforcement even though, as she understands it, there is not actually a City ordinance to enforce. She had shared the University of Minnesota opinion and staff explained they sometimes get clarification on the phone. Ms. Capers stated in turn, she found a law firm willing to pro bono assist her as their impression is that there is not something to enforce. She stated she is happy this is moving forward but frustrated it is being enforced and moved forward without due process. Mayor Willson stated if there is a complaint, Code Enforcement will follow up but cannot go into a back yard to see if there are bees. He stated he wished the threat of a lawyer had not been brought up as it raises red flags for him. 10/08/18 -2- DRAFT Mr. Boganey apologized if staff gave information in the past that was in error. He stated the discussion tonight indicated the language was far from being clear so staff could have come to a conclusion that was in error and passed it on to a resident but if so, it was done in good faith and not arbitrarily. Ms. Capers stated she does not believe it was deliberate. Mayor Willson supported a moratorium on enforcement until the City Council can make a determination. Mr. Boganey stated staff will not enforce that section of the ordinance until that time. Pop Up Market Lennie Chism, P.O. Box 581452, Minneapolis, congratulated Business and Workforce Development Specialist Brett Angell for making the Pop Up Market a success. He stated the Markets did well with over 100 vendors, food trucks, and even an 82-year-old selling crochet products. He stated there were no incidents, and next year they would like to use the Shingle Creek and Bass Lake Road site that is owned by the City. Mayor Willson apologized for a resident comment made to Mr. Chisolm as that was inappropriate and is not supported by the City Council. He stated he looks forward to conversations over the winter months on the plans for next summer. Mr. Boganey stated the 2019 budget does include this activity. Mr. Boganey stated staff will present a report on the current program at an upcoming meeting and entertain suggestions for an improved event next year. Councilmember Lawrence-Anderson moved and Councilmember Graves seconded to close the Informal Open Forum at 6:54 p.m. Motion passed unanimously. 2. INVOCATION In recognition of Indigenous Day, Councilmember Graves read a quote from Winnona LaDuke as the Invocation and requested a moment of silence. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:02 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Assistant to the Community Development Director Michael Ericson, Community Development Director Meg Beekman, Planner and Zoning Administrator Ginny McIntosh, Business and Workforce Development Specialist Brett Angell, Deputy Director of 10/08/18 -3- DRAFT Building and Community Standards Jesse Anderson, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Graves seconded to approve the Agenda and Consent Agenda, as amended, to remove Consent Item 6e, Resolution Declaring a Public Nuisance and Ordering the Removal of Diseased Trees at Certain Properties in Brooklyn Center, Minnesota, and with an amendment to the Regular Session minutes of September 24, 2018, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. September 17, 2018 Joint City Council and Financial Commission 2. September 24, 2018 City Council Regular Session 3. September 24, 2018 City Council Work Session 6b. LICENSES MECHANICAL CONTRACTOR Angell Aire, Inc. 12253 Nicollet Avenue S., Burnsville, MN 55337 Boiler Services, Inc. 10327 Flanders Street NE, Blaine, MN 55449 Preventative Mechanical Service 1875 Buerkle St. NW, White Bear Lk, MN 55110 Schuler Plumbing LLC 17850 Erkium Street NW, Ramsey, MN 55303 RENTAL INITIAL (TYPE II – two-year license) 5731 Northport Drive Ross Herman 5312 Queen Avenue N. Renee Anoje RENEWAL (TYPE III – one-year license) 5211 Xerxes Avenue N. Chad Johnson RENEWAL (TYPE II – two-year license) Marvin Gardens Townhomes Redevco Mgmt. Co. 6710 Orchard Lane N. 5209 Xerxes Avenue N. Chad Johnson 6813 Noble Avenue N. Brian Reese 6538 Ewing Avenue N. TuUyen Tran 7018 Irving Avenue N. Omar Adams Cosco Properties LLC 6424 Scott Avenue N. c/o MSP Home Rental 819 Woodbine Lane RHA 3, LLC 10/08/18 -4- DRAFT RENEWAL (TYPE I – three-year license) 2307-09 54 th Avenue N. James Johnson 5901 Aldrich Avenue N. RHA 3, LLC 5956 Beard Avenue N. Ann Cook 5501 Brooklyn Boulevard Mains’l Properties 5432 Bryant Avenue N. Christopher Michael Raisch 1537 Humboldt Place N. ShoeMiller Properties LLC 7200 Morgan Avenue N. Dwayne Holmstrom 3213 Quarles Road Infinite Properties LLC SIGN CONTRACTOR Pajor Graphics, Inc. 1301 Washington Ave. N., Mpls., MN 55411 DBA: ASI Signage Innovations 6c. RESOLUTION NO. 2018-177 GRANTING THE APPROVAL OF PHASE II PROJECT AT CARRINGTON DRIVE APARTMENT COMPLEX 6d. RESOLUTION NO. 2018-178 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DEAD TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA 6e. AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE OF ORDINANCES REGARDING TOBACCO AND TOBACCO RELATED PRODUCTS 6f. RESOLUTION DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES AT CERTAIN PROPERTIES IN BROOKLYN CENTER, MINNESOTA This item was removed from the agenda upon adoption Motion passed unanimously. 7. PRESENTATIONS/PROCLAMATIONS/RECOGNITIONS/DONATIONS 7a. PROCLAMATION FOR PREGNANCY AND INFANT LOSS REMEMBRANCE DAY Mayor Willson read in full a Proclamation declaring October 15, 2018, as Pregnancy and Infant Loss Remembrance Day. Councilmember Graves moved and Councilmember Ryan seconded to adopt PROCLAMATION declaring October as National Pregnancy and Infant Loss Awareness Month and October 15, 2018, as National Pregnancy and Infant Loss Remembrance Day. Mayor Willson stated a dear friend of his lost an infant to Sudden Infant Death Syndrome (SIDS) 10/08/18 -5- DRAFT and it was very devastating to that young family. He stated it also made an impact on him and he is pleased to consider this Proclamation. Motion passed unanimously. 7b. PROCLAMATION RECOGNIZING NATIONAL COMMUNITY PLANNING MONTH Mayor Willson read in full a Proclamation declaring October as National Community Planning Month. Councilmember Ryan moved and Councilmember Butler seconded to adopt PROCLAMATION declaring October as National Community Planning Month. Motion passed unanimously. 8. PUBLIC HEARINGS 8a. ORDINANCE NO. 2018-14 AMENDING CHAPTER 12 OF THE CITY CODE OF ORDINANCES REGARDING RENTAL LICENSING City Manager Curt Boganey introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekman reviewed the background and City Council’s past consideration of this ordinance amendment to modify the rental program to remove the attendance at Association of Responsible Managers (ARM) meetings and the requirement for monthly updates; to require an inspector consultation for repeat Type IV rental licenses that repeat due to property Code violations; modify the ordinance to allow Mitigation Plans to be approved by staff similar to how Type III Rental License Actions Plans are currently approved; and, modify the Rental License Category Criterial Policy to increase the number of property Code violations per category by one for one- and two-family dwellings. It was noted the ordinance modification would allow the applicant to appeal staff’s decision to the City Council, if requested. Ms. Beekman stated staff recommends the effective date of the ordinance be December 1, 2018. After that date, any rental license that goes before the City Council for approval would not be affected by a failure to attend ARM Meetings and/or submit monthly reports, as well as the other provisions of the ordinance amendment. Ms. Beekman explained if the ordinance amendment is approved, staff will begin working with rental license applicants and upcoming renewals to ensure a fair process as the City transitions to the new provisions. She noted there is also a proposed modification to the wording in the Rental License Ordinance relating to the requirement for a Crime Fee Lease Addendum and the license action sections. These changes are to clean up the wording in the ordinance and will not change the requirement. 10/08/18 -6- DRAFT Ms. Beekman explained that separate from these ordinance amendments, staff is proposing a number of initiatives designed to improve communication with residents in the City who are renters and provide resources about their rights and responsibilities as tenants. She stated staff has drafted a rental resource booklet for renters that contains information about the City’s rental licensing program, what to do if renters feel their rights are infringed upon, and other resources renters may find useful. In addition, staff proposes an annual mass mailing to all rental units to provide useful information, similar to a welcome packet, to ensure every renter is welcomed and provided information on how to engage with the City, coupon book, parks and trails map, snow emergency, homeownership classes, as well as their rights and responsibilities as tenants. Ms. Beekman reviewed next steps to hold a public hearing, take public comment, and consider adoption of the ordinance. Mayor Willson asked whether the mass mailing will go to every rental residence and rental unit in the City. Ms. Beekman stated that is the intention and because of the licensing process, the City knows which properties are rental. For multi-unit apartment buildings, staff will have to determine the best process and how to do that in the most cost-effective method. Councilmember Lawrence-Anderson stated it may be a good idea to also include School District information as well as polling location for voting. Mayor Willson agreed and suggested the new snow parking ordinance also be included. Councilmember Graves stated her support for staff’s suggestion to create a renter informational packet and asked if the City Council will see that information. She also asked whether the City tracks excessive complaints at any rental location and is aware of a potential situation from the tenant’s perspective. Mayor Willson stated in giving this information to residents, they will know who to contact should a situation arise. He chided a person who made comments at the last City Council meeting for impeding a staff member and their vehicle from leaving the parking lot. Mayor Willson emphasized that City Hall should be a safe place and intimidation and/or impeding progress of an individual will not be allowed, he does not support that activity, and wants to look for ways to alleviate that problem through citations or police citations. Mr. Boganey stated staff will share the rental packet information with the City Council. With regard to the question on excessive complaints, he is not sure how that would be defined but the intent for the information to renters is to direct them to the correct location if they have a complaint, which is not necessarily the City. Councilmember Graves stated other cities have prohibited licensing to some companies because of their practices. She asked about the City’s process to identify those situations if they should occur in Brooklyn Center. Mayor Willson stated Minneapolis took a license away from an apartment owner who had not properly maintained their apartment and was not truthful with that city. He stated the rental license is the key with apartment complexes and as for complaints, the 10/08/18 -7- DRAFT City works within its ordinances and would not get involved in a complaint by an apartment dweller per se unless it deals with the City’s ordinances. Ms. Beekman stated staff does track complaints about maintenance and repairs so from a quantity standpoint and identifying patterns, that is done. The City’s inspectors and staff are in very frequent communication with problem properties and out doing inspections even within the 6 months for a Type IV. Ms. Beekman stated staff also has a good relationship with HOMELine staff. Mayor Willson stated there was also the sale of the Minneapolis property to another entity which was actually a sham as the original owner remained in control. He stated the City has seen more often when single-family residences are rented out, the license expires, and the rental license is not renewed. In those cases, the City cannot do anything until the current renter leaves and a new renter wants to move in. Councilmember Graves thanked staff for the clarification. Mr. Boganey stated the City has revoked rental licenses in the past, once with a very large apartment after a long period of consistent repeated difficulties with the landlord where it was known there was sufficient evidence to uphold the revocation when it went to court. That authority exists in the current ordinance and can be used if the situation warrants. Mayor Willson stated with the rental license that was revoked, there is now a new owner and landlord who have turned around that apartment complex and rectified a number of concerns to make it safer for renters. Councilmember Ryan stated the purpose of revising the ordinance is to improve efficiency of the enforcement process. Ms. Beekman confirmed that was the case and stated more than 50% of Type IV licenses are repeating license type due to logistics, not attending meetings or submitting monthly reports. It has been found there is a need to recalibrate to better focus resources on assuring the Code is being met and Type IV licenses are progressing. Then staff can also focus on the real problem properties to get them to improve and not remain repeat Type IV licenses. Mayor Willson stated the City Council had that conversation and the general consensus was to implement the ordinance and then if it needs to be tweaked, there is not an issue as long as the amendment is justified. He commented that when an ordinance is put into place, it may not be perfect so a tweak may be justified. Councilmember Butler asked for an explanation on the inspections, if there is a cost related, and how often inspections would be done. Mayor Willson stated the intent is to provide a consultation on what needs to be done before a citation is issued and additional costs are incurred. Ms. Beekman stated this would not be a full inspection but a walk through with the property owner to explain the process and what items the inspector will be looking for when the formal inspection is done. This would occur with repeat Type IV licenses where staff would become a 10/08/18 -8- DRAFT resource for them. Ms. Beekman stated the current fee schedule does not include this service so a fee is not proposed but it may be considered in January when the fee schedule is reviewed. Councilmember Butler asked about the number of violations. Ms. Beekman explained the number of violations determines license type and that is a policy consideration. She described why inspections are more involved with a single-family home rental than with a multi-unit. Staff found when looking through the data, the number of multi-unit apartment violations was appropriate and Type IV are at that level because of legitimate Code violations. With single- family housing rentals, it is difficult to get a Type I license type even by homeowners who are trying very hard to attain that license type. Because of that, staff received complaints that it was not fair to owners of single-family rental houses. Mayor Willson stated he was asked by a homeowner to look at four homes on the block and point out which one was a rental unit. He noted he could not tell because it was so well cared for. Councilmember Graves asked with an apartment building, what percentage are inspected. Ms. Beekman answered 100 percent. Councilmember Graves asked why staff recommends the number of allowed Code violations should change. She also asked whether staff tracks how long the property remains at a Type IV license type. Mayor Willson stated that data is tracked and if a fee is to be charged for inspector consultations, it would require an ordinance change. Councilmember Graves stated she would not support that type of fee unless it was a very long- term Type IV license type even after staff consultations. She stated it would be nice to have access to mitigation plans. Mayor Willson stated if there are violations and recommendation for revocation, the City Council will be provided with that information. Mr. Boganey stated the City has an obligation to look at how effective it is with the ordinances as adopted. If it is found the way the ordinance is written does not utilize staff resources in the most effective manner, then an amendment should be considered to get the best out of the resources the City has available. Mr. Boganey noted the recommended changes and providing consultations to Type IV landlords is based on an analysis that a lot of the repeat Type IVs are caused by things (did not submit report in time, did not attend an ARM meeting) that don’t necessarily improve the outcome of how the property is maintained. This amendment will remove those obligations and allow staff to focus on Type IVs that are most important in terms of having a livable environment for the tenants. This change will narrow the scope and put more resources to work with those types of landlords and at a minimum, address landlords that lack understanding of the City’s expectations and requirements to move beyond a Type IV license type. Councilmember Graves stated she understands the intent but for the Type IVs that continue, she would like access to information on those properties. Mr. Boganey stated staff can produce a year end report to answer some of those questions if directed to do so by the City Council. 10/08/18 -9- DRAFT Mayor Willson noted that would require staff time and effort. He did not think the City Council should micromanage staff and should depend on staff to make the right decisions and recommendations. Councilmember Graves stated she is not saying staff is not doing a good job or trying to micromanage. Mayor Willson stated a City Council consensus would be needed to go that route. Councilmember Butler stated she appreciates the proposal for the rental informational booklet and looks forward to reviewing it. She also likes homeowner educational classes so people understand that home ownership is a possibility, noting that will improve resident economic stability. Mr. Boganey stated staff is working on putting that type of program together. Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to open the Public Hearing. Motion passed unanimously. No one appeared to address this item. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to close the Public Hearing. Motion passed unanimously. Councilmember Graves asked if anyone is interested in getting a year end report on Type IV problem properties. Councilmembers Butler and Lawrence-Anderson answered in the affirmative. Mr. Boganey stated with a majority consensus reached, staff will provide that report. Councilmember Lawrence-Anderson moved and Councilmember Ryan seconded to adopt ORDINANCE NO. 2018-14 Amending Chapter 12 of the City Code of Ordinances regarding Rental Licensing. Councilmember Ryan stated his appreciation to Mr. Boganey for his comments, noting this action will improve the efficiency and fairness of the enforcement process and further the goals of the City’s excellent performance-based rental ordinance. Councilmember Lawrence-Anderson commended staff for the well-written amendment. Councilmember Ryan concurred. Motion passed unanimously. 9. PLANNING COMMISSION ITEMS - None. 10/08/18 -10- DRAFT 10. COUNCIL CONSIDERATION ITEMS 10a. CONSIDERATION OF TYPE IV 6-MONTH PROVISIONAL RENTAL LICENSES Mayor Willson explained the streamlined process that will now be used to consider Type IV 6- Month Provisional Rental Licenses. Mayor Willson polled the audience and asked whether anyone was in attendance to provide testimony on any of the rental licenses as listed on tonight’s meeting agenda. Seeing no one coming forward, Mayor Willson called for a motion on Agenda Item 10a. 10a. APPROVING A TYPE IV RENTAL LICENSE FOR 5331 70th CIRCLE AVENUE NORTH Councilmember Ryan moved and Councilmember Lawrence-Anderson seconded to approve a Type IV Rental License for 5331 70 th Circle, with the requirement that the mitigation plan and all applicable ordinances must be strictly adhered to before renewal licenses would be considered. Motion passed unanimously. 10b. RELEASE OF DRAFT 2040 COMPREHENSIVE PLAN AND RELEASE IT FOR PUBLIC COMMENT City Manager Curt Boganey introduced Community Development Director Meg Beekman to present this item. Community Development Director Meg Beekman explained that over the past year, the City and its consultant, Swanson Haskamp Consulting, have been working on the 2040 Comprehensive Plan. The process has included extensive work by the Planning Commission as well as significant engagement with the community and the City’s other Commissions and Committees. Ms. Beekman explained the 2040 Comprehensive Plan is in draft form and subject to further revisions and public comment. It was noted that Chapter 8, Transportation, and Chapter 9, Infrastructure, are placeholders while consultants work on those elements and will be added once their work is completed. Ms. Beekman described the public engagement process and areas in which the Planning Commission is recommending more detail relating to economic development work in the City and their unanimous recommendation to accept the 2040 Draft Comprehensive Plan and release it for public comment. Jennifer Haskamp, Swanson Haskamp Consulting, described their work to complete the final 2040 Comprehensive Plan Update. She provided a PowerPoint presentation explaining the Comprehensive Plan is a long-range 10-year plan with a 20-year horizon that contains a unified 10/08/18 -11- DRAFT vision, goals and strategies (but not the specificity), and addresses current and future planning. Ms. Haskamp explained the Metropolitan Council requires a Plan update every ten years and compliance with its 2015 System Statement and 15-page checklist. Ms. Haskamp explained the items specific to Brooklyn Center to add 2,250 new households by 2040. Mayor Willson noted the City is already moving in that direction with development of the Opportunity Site. Ms. Haskamp stated the City has not seen that level of growth in quite some time and the question is, how to plan for living in those new housing units. Councilmember Ryan stated there is a misconception about the Metropolitan Council having too much power, noting the Comprehensive Plan is a guide to be followed. Ms. Haskamp stated it is a guide but if included in the Comprehensive Plan, the City is required to follow it and it can be an expectation by a developer looking at Brooklyn Center. Mayor Willson noted the Metropolitan Council has the power to approve or not approve the Plan and also has control of federal government funding that may impact cities if their Plan is not approved. Ms. Haskamp stated they also have control over the sanitary sewer system, which impacts the density of development to assure that system is efficient. But, the Metropolitan Council does not dictate where those housing units have to be placed. Mayor Willson stated in the past, Brooklyn Center has been fully developed but now the City has property where it can look at that to reach that density level. Ms. Haskamp stated the City has an amazing opportunity right now to do it right and the market is in a place it can respond. She noted the areas with planned transit, which is an amenity, and plays to areas of higher density. In addition, employment is forecast to increase with redevelopment so the City needs to plan for affordable housing. She explained a robust Mississippi River Critical Corridor Access Plan (MRCCA) is included in the Plan, which is a change from the 2030 Plan. Ms. Haskamp read the chapter components within the 2040 Plan, noting they will be posted to the City’s website. She stated some engineering components remain to be developed. Ms. Haskamp presented the background report that included key forecasts and findings for Demographics: Population; Households & Family Type; Community Diversity; and, Median Incomes & Poverty. She then displayed land use maps including the Metropolitan Council Transit Market Area and explained why it needs to be addressed. Mayor Willson stated he thinks the Metropolitan Council does not understand the level of poverty in Brooklyn Center, which speaks to the image of the City. Ms. Haskamp displayed maps showing areas of poverty, households with no vehicles which means they need public transit, existing bus routes, and the C Line route that is planned to open in 2019 and will be a huge opportunity as it is a dedicated bus route that will run more like light rail. 10/08/18 -12- DRAFT Mayor Willson commented on the unlikelihood that the Blue Line will receive funding. Ms. Haskamp agreed and urged the City to embrace the C Line as it will be operational six to seven years before the Blue Line receives funding. Ms. Haskamp thanked the City’s Commissions and all who were involved with the Plan development process. She described public engagement events and upcoming public hearing and on-line opportunities. She explained that the six-month agency review is a good time for the City to reach out to constituents to gain input. Ms. Haskamp thanked City staff for their assistance and input as well. Ms. Haskamp described the process overview, noting tonight the consideration is to accept the draft Plan and make it available for jurisdictional review. She provided background and market context and steps taken in the Plan’s development. Ms. Haskamp then reviewed the information contained within each Chapter of the Comprehensive Plan and presented next steps. Mayor Willson referenced the housing data, noting that only 5% of the affordable housing is subsidized. Councilmember Graves stated that is because much is naturally occurring due to the age of the structure. She asked where renewable or clean energy is addressed. Ms. Haskamp stated she has not seen a lot of Sustainability chapters in this round of updates but has seen a lot of zoning ordinances bring that into play. Those ordinances make sure it is easy to install those types of systems so it is a permitted use and encouraged. She stated the City’s Local Water Surface Management Plan, which addresses ground water recharging and relationship between water bodies, is currently out for review. Councilmember Graves asked how the Upper Harbor Terminal interacts with the Mississippi River Critical Corridor Area. Ms. Haskamp stated she has not been involved with those meetings. Councilmember Ryan stated the document considers 238 units of affordable housing and asked if that ties the City into that number of affordable housing units. Ms. Haskamp stated when the Metropolitan Council issues the System Statement, it indicated Brooklyn Center’s share of allocated affordable housing is 238 units. The Metropolitan Council cannot mandate it to be provided or its location, but the 2,250 households has to be planned at a density to accommodate 238 affordable units. Councilmember Ryan stated the typical model is to build a certain number of market rate units at a mass so the development can subsidize a certain number of affordable housing units. Mayor Willson stated that is one way to accomplish affordable housing but it can also be designated in other areas, not necessarily new development. It was noted the Metropolitan Council wants higher density and more affordable housing in Brooklyn Center but the City is 93% affordable now. Councilmember Ryan stated the Metropolitan Council assigned Brooklyn Center with a housing performance score of 100 so it seems the City Council would have discretion to include a certain 10/08/18 -13- DRAFT number of affordable housing units in a new development as long as the target housing is met. Ms. Haskamp noted when looking at 238 affordable units, it is about 10% of the 2,250 projected new households. The idea is to engage in discussion on how to incorporate legally defined affordable housing units. That is not mandated, but a tool available if important. The other philosophy is by increasing density, the more units, the more affordable they could become not only when constructed but in ten years from now. Councilmember Graves referenced the number of projected households and question about the people who will live in them, noting the Plan needs to address who is here but also who is coming to those new units. Ms. Haskamp agreed and stated the background reports include market snapshot information. She explained that trends in the marketplace are known and there was a big shift in how people think about housing after the housing bust. Before, everyone wanted to own but after the bust, people are deciding to rent even if they could own. She stated who will come to Brooklyn Center will include young professionals, senior populations, and Millennials. Ms. Haskamp relayed input provided by children on the need for more bedrooms in rental units so perhaps that indicates there is a need for more diversity in rental housing. Councilmember Graves asked how other communities meet their affordable housing requirement when they are constructing higher rent units. Mayor Willson stated they may build up density by including apartments with townhomes. Ms. Haskamp stated the Metropolitan Council can’t require affordable housing to be built so communities will look at regulatory measures to assure there is affordable housing in new units. However, if the City does not institute that requirement, it would be up to developers who find affordable housing to be of value to provide it. Mr. Boganey stated there has been a recent change in tax deductibility of mortgage interest, which has impact on decision making whether to acquire a mortgage. He noted the Metropolitan Council has grant dollar incentives for cities that want to construct affordable housing and he believes the answer comes down to the marketplace and values determined by elected officials, including the State legislature. Councilmember Graves moved and Councilmember Ryan seconded to accept the draft 2040 Comprehensive Plan and approve release for public comment. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Ryan stated he would forgo his report in consideration of the late hour and upcoming Work Session. Councilmember Lawrence-Anderson reported on her attendance and provided information on the following upcoming event: • October 5, 2018: CEAP Farm Fresh and their next event will be on October 18, 2018. Councilmember Graves reported on her attendance at the following: • September 25, 2018: Safety Meeting held after the violent crime on Penn Avenue 10/08/18 -14- DRAFT • Final Celebration of Slow Roll, a bicycle access program • Day of Dignity Event • October 6, 2018: Pop Up Market Councilmember Butler reported on her attendance at the following: • September 28, 2018: Meeting with Mr. Boganey and staff on the BrookLynk Program • September 29, 2018: Minnesota Autism Awareness Walk Mayor Willson reported on his attendance at the following events: • October 5, 2018: American Institute for International Reporting Meeting 12. ADJOURNMENT Councilmember Graves moved and Councilmember Ryan seconded adjournment of the City Council meeting at 9:15 p.m. Motion passed unanimously. 10/08/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL/ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA WORK SESSION OCTOBER 8, 2018 CITY HALL – COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council/Economic Development Authority (EDA) met in Work Session called to order by Mayor/President Tim Willson at 9:36 p.m. ROLL CALL Mayor/President Tim Willson and Councilmembers/Commissioners Marquita Butler, April Graves, Kris Lawrence-Anderson, and Dan Ryan. Also present were City Manager Curt Boganey, Deputy City Manager Reggie Edwards, Community Development Director Meg Beekman, Business and Workforce Development Specialist Brett Angell, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. EASTBROOK ESTATES DEVELOPMENT PROPOSALS City Manager Curt Boganey introduced Community Development Director Meg Beekman to introduce this item. Community Development Director Meg Beekman stated the EDA owns approximately eight acres of undeveloped contiguous land just west of Highway 252 and south of 69 th Avenue N. It was acquired in 2011 after the owner failed to complete the platting and development of the Eastbrook Estates Second Addition. The EDA used $250,000 of Tax Increment Financing (TIF) 3 pooled housing funds for the purpose of preserving it for future residential housing opportunities so if the final use is not affordable housing, then those funds will need to be paid back to that District. Ms. Beekman used an aerial view slide to point out the location of a roadway that would need to be constructed and agreement for property owners to pay to construct that connection. With regard to whether the City can require payment for infrastructure, City Attorney Troy Gilchrist stated the developer can be required to construct roads to access the property under development. But, the City cannot require payment to construct a connecting road several blocks away from the property under development. Ms. Beekman stated the City has been in communication with a number of residential housing developers and several have expressed strong interest in the site. Staff has asked interested parties to submit a proposal by the end of September. Alatus, Pulte, and Centra submitted 10/08/18 -2- DRAFT proposals to develop the property and each includes a concept layout for the site, number of units, type of product, anticipated sale price of units, and high-level proformas that offers a land value. Ms. Beekman noted each proposal requires the purchase of additional private property to accommodate the new housing and assumes an amount for acquisition of that property. If the additional property cannot be acquired or the actual amount is different than assumed, then the projects may need to be altered or the land value adjusted. Ms. Beekman presented the proposals in alphabetical order. She indicated Alatus proposes 35 two-story single-family detached homes with an average sale price of $372,000 (base) plus upgrades. The minimum lot width would be 45 feet, which would require a PUD as the lots would be more narrow than allowed in the Residential district. One unique feature is that alleyways would be constructed with rear loaded units. Alatus proposes an acquisition price of $10,000 per unit or $350,000 with the City providing site prep and infrastructure estimated at $2,080,000. She displayed the site layout, noting it is similar to the Eastbrook Second Addition. Councilmember/Commissioner Ryan asked about the location of Aldrich Street and North 5 th Street. Ms. Beekman used an aerial map to note the roads that border the subject site. Ms. Beekman displayed colored renderings of the Alatus proposed product types, accompanying floor plans, and available interior high-quality room finishes. Ms. Beekman presented the Centra Option A proposal for 35 two-story single-family detached homes with an average sale price of $332,500. The minimum lot width would be 50 feet for front loaded units on public streets. Centra Option A proposes an acquisition price of $350,000, which would include the acquisition of the back half of the two privately owned single-family lots so the City’s revenue will be determined by the purchase price of those two half rear lots. With the Centra Option A proposal, the two residential homes can remain as they just need the back half of those double deep lots. Centra Option A proposes no other City contribution. Mayor/President Willson recalled the last time approached, those two single-family homeowners were not willing to sell. Ms. Beekman stated staff met with the owners and they have concerns and attachment to their property, but it is not a closed discussion and they may have interest in additional side yard so there may be opportunity for a land swap in addition to cash for the rear half of their properties. Mayor/President Willson asked what happens if the two properties cannot be acquired. Ms. Beekman answered then the proposals would be impacted as well as the purchase prices. Ms. Beekman displayed a slide depicting the Centra Option A proposal for a 50-foot lot concept, noting the road alignment and layout of 35 lots. Ms. Beekman presented the Centra Option B proposal for 30 two-story single-family detached homes with an average sale price of $347,500. The minimum lot width would be 60 feet for front loaded units on public streets. Centra Option B proposes an acquisition price of $270,000, 10/08/18 -3- DRAFT which includes the acquisition of the private land and no other City contribution. She displayed the 60-foot lot concept and street alignments. Ms. Beekman noted the use of 68 th Avenue N. right-of-way to be included in the area they acquire for housing, which would reduce the amount of streets and could have a positive benefit. She displayed colored pictures of the interior rooms, housing types, with accompanying floor plans including split-level homes that would be designed for young families. Ms. Beekman presented the Pulte Homes proposal for 56 two-story single-family attached townhomes with an average sale price of $300,000. There would be four to six units per building with front-loaded units on private streets, which allows for more efficient use of space. Pulte Homes proposes an acquisition price of $840,000 with the City acquiring the back-half of the two private lots. Mayor/President Willson asked if the cost to purchase the back half of two private lots would come out of the sale price for the land that Pulte Homes had offered. Ms. Beekman stated that this is correct, in addition to the repayment of $250,000 into the TIF #3 Housing Fund, which was the original source of revenue the EDA used to acquire the land. The revenue from the sale of the land to Pulte after these expenses would be unrestricted EDA funds. Mr. Boganey clarified that in all cases, the City has to repay the $250,000 to the TIF Housing Fund. Ms. Beekman displayed a site plan depicting the units and street alignment with the Pulte Homes proposal. Mayor/President Willson asked how this would impact the Highway 252 improvements. Ms. Beekman stated there would be no impact. Ms. Beekman stated Pulte Homes has constructed this product in other metro locations. She displayed colored exterior elevations depicting the product type, noting upgrade options are offered on finishes, kitchen layouts, lower levels, bedrooms, and bath suites. There are also options to add finished lofts and an upper level terrace. Ms. Beekman displayed a proposal comparison for each of the four options, noting in no instance can it be said what the acquisition of the private land may be so she used estimates. She noted she also included estimated costs for the City contribution and estimated after market value. Mr. Boganey explained that Alatus is basing its proposal on what they are doing in North Minneapolis where the infrastructure (streets, sidewalks, sewer, water) already exist. In this case, Brooklyn Center has no infrastructure in that property so that is an additional cost Mayor/President Willson noted with the Centra and Pulte Homes proposals, the City would not have infrastructure costs. Mr. Boganey asked whether in all proposals, there would be creation of a homeowner’s association. Ms. Beekman stated that is true with the proposals from Centra and Pulte Homes but she is unsure with Alatus. 10/08/18 -4- DRAFT Mayor/President Willson pointed out the Pulte Homes proposal would have higher density. Ms. Beekman stated staff is seeking direction. She noted the City Council/EDA can select a proposal or if additional information is needed, staff can make that request. She stated a Work Session can also be scheduled to meet the developers or site visits can be scheduled. Councilmember/Commissioner Ryan stated he is curious about the townhome proposal and asked if there is an issue with the quality of construction with townhomes or whether homeowner associations are not properly addressing maintenance issues. He asked also whether Pulte Homes is considered to construct a high-quality unit. Ms. Beekman explained the townhome product in Brooklyn Center is indicative of those in other areas constructed in the 1970s and 1980s, some not being of the highest quality construction as there were not good regulations in how townhome associations had to operate to assure a good capital improvement plan. But, a lot has been learned since that time. Ms. Beekman stated she has prior experience working with Pulte Homes and they build an extremely high-quality product. She stated with the regulations in place today, the City can better regulate homeowner’s associations in how they operate, are funded, and cash flow. Mr. Boganey stated he also raised the question with townhomes noting in Brooklyn Park, townhomes were constructed during that same time period and have deteriorated the same as in Brooklyn Center. But, other townhomes were constructed in the 1980s-1990s that preserve value extremely well. Councilmember/Commissioner Graves stated support for the Centra proposal and stated she would also be interested in pursuing Pulte Homes. She does not support the Alatus proposal as it proposes rear loaded units and expects City contribution. Councilmember/Commissioner Graves stated she wished there had been more proposals. She would be interested in visiting some of their developments. Councilmember/Commissioner Graves left the meeting at 10:17 p.m. Mayor/President Willson asked why the City would consider paying an extra $2 million to have the Alatus proposal move forward. He noted with the other three proposals (Centra Option A, Centra Option B, and Pulte Homes), the City would not pay anywhere near that and Pulte Homes ends up providing a good return for the City. In addition, the Comprehensive Plan calls for 2,200 new housing units and the Pulte Homes proposal has high density. He asked why the City would not consider the proposal offering higher density and cash to the City when compared to the Alatus proposal. Mayor/President Willson stated he does not support the Alatus or Centra proposals and considering the finances, he supports the Pulte Homes proposal based on the purchase price and density it offers. Mr. Boganey offered other factors to consider. He agreed if it is a dollar and cents decision, the answer is obvious. However, he would ask what population the City wants to attract and which of these products will attract that population. Mr. Boganey stated it is reasonable to assume the 10/08/18 -5- DRAFT Alatus product with the most expensive housing, by necessity, will attract a higher-income buyer. The other thing to consider is that the higher-quality product may also have longer lasting value. Mr. Boganey noted when you look at the Pulte Homes product, it is more affordable and more accessible to a broader market of buyers, which may include seniors looking at a place with no exterior maintenance. He stated the Centra proposals are more acceptable to a broader range of buyers and attractive to younger families. Mr. Boganey stated the Centra and Pulte Home proposals include homeowner associations so there is a greater likelihood of sustaining value and stability. Mayor/President Willson noted with the Alatus proposal and $2 million improvement cost, the City would be subsidizing $60,000 per house. Councilmember/Commissioner Ryan supported Centra Option A, thinking it would be a better fit with the newer houses on Aldrich Avenue. In addition, it would attract young buyers who are attracted to a contemporary market aesthetic. He stated he hadn’t thought about single-family attached as he has been asked by constituents about better townhomes in Brooklyn Center and thinks single-family attached can be looked at for other areas. Councilmember/Commissioner Ryan stated he did not think a 50-foot wide lot would be an issue. Councilmember/Commissioner Lawrence-Anderson stated she understands the higher density and money considerations but was concerned about storms in that area and asked if the townhomes would have basements. She stated she likes the idea of upgraded single-family homes and supports Centra Option A. Councilmember/Commissioner Butler stated she does not favor Alatus due to reasons already stated. She agreed the townhomes would offer density and housing for elderly who are looking for a nicer townhome, but she more favors single-family homes to provide housing for residents who want to get out of starter homes. She supports the four-bedroom option by Centra Option A. Mr. Boganey whether asked the City Council/EDA would like additional information, to visit the site, or interview the developers about their proposals. Mayor/President Willson stated he firmly believes the Pulte Homes proposal should be supported for the reasons he has stated in addition to the after-market value, which is significant. However, three members have voiced support for Centra Option A. Councilmember/Commissioner Ryan stated he would like to tour the Centra units to see the features offered and talk to the developer about specifics of the product. Mayor/President Willson noted in all proposals, options are available so it will be difficult to see what could be included in all units. Councilmember/Commissioner Ryan agreed but stated he would like to see what they offer. Mayor/President Willson asked if there has to be purchasers of the home before it is constructed versus constructing first and then looking for buyers. Ms. Beekman stated they do not need to 10/08/18 -6- DRAFT have purchase agreements in place before moving forward. She explained that once the purchase price is received by the City, the developer can begin with site preparation, construct infrastructure, and then make application for building permits to construct the units for sale. Mayor/President Willson stated if the units are all constructed in several years, that would be great compared to a 20-year buildout. Ms. Beekman stated all proposals plan to get started as quickly as possible with home occupancy in 24-30 months. Mayor/President Willson stated his concern that it not drag on too long. Mayor/President Willson asked Councilmembers/Commissioners to review the proposal information presented tonight and then reaffirm their preference at the next Work Session. He asked staff to schedule a tour for Councilmembers/Commissioners who would like one. ADJOURNMENT Councilmember/Commissioner Lawrence-Anderson moved and Councilmember/Commissioner Ryan seconded adjournment of the City Council/Economic Development Authority Work Session at 10:38 p.m. Motion passed unanimously. COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eggie Edwards , Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Licens es Requested Council Action: - M otion to approve the licenses as presented Background: T he following bus inesses/pers ons have applied for C ity licens es as noted. Eac h busines s /person has fulfilled the requirements of the C ity O rdinanc e governing respec tive lic enses, submitted appropriate applic ations , and paid proper fees . Applicants for rental dwelling licens es are in compliance with C hapter 12 of the C ity C ode of O rdinances, unless comments are noted below the property addres s on the attached rental report. ME C HAN IC AL C ON T R AC TOR Northern Heating & A/C Inc. DBA Northern O ne Hour. 9431 Alpine Drive NW R amsey, MN 55303 S priggs P lumbing & Heating 3260 F anum R oad S t. P aul, MN 55101 Topline Advertis ing 11775 Jus ten C irc le #A Maple G rove, MN 55369 S trategic Priorities and Values: S afe, S ecure, S table C ommunity, O perational Excellence COUNCIL ITEM MEMORANDUM Our Vision: We envision Brooklyn Center as a thriving, diverse community with a full range of housing, business, cultural and recreational offerings. It is a safe and inclusive place that people of all ages love to call home, and visitors enjoy due to its convenient location and commitment to a healthy environment Rental License Category Criteria Policy – Adopted by City Council 09-10-2018 Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-2 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 2 but not more than 5 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 5 but not more than 9 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 9 3+ units Greater than 3 License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0.50 Pr o p e r t y   A d d r e s s Dw e l l i n g Ty p e Re n e w a l or   I n i t i a l O w n e r Pr o p e r t y Co d e Vi o l a t i o n s Li c e n s e Ty p e Po l i c e CF S   * Final License Type **Previous License Type *** 42 0 0   L a k e b r e e z e   A v e 1  B l d g 4  U n i t s In i t i a l T o d d   B e r t l e s o n 5 (1 0 . 2 5 / u n i t ) I0 I I 67 6 5   H u m b o l d t   A v e   N S i n g l e   F a m i l y I n i t i a l L o a n   N g u y e n 1 I I 0 I I 68 0 6   P e r r y   A v e   N S i n g l e   F a m i l y I n i t i a l J a m e s   A r c h e r 3 I I 0 35 1 3   4 7 t h   A v e   N 1  B l d g 11   U n i t s Re n e w a l T o d d   B u r m e i s t e r / H o u s i n g   P l u s 22 (2 / u n i t ) II I 0 I I I I V 63 0 5   C a m d e n   A v e   N Me l r o s e   G a t e s   A p t s 6  B l d g 21 7   U n i t s Re n e w a l So d e r b e r g   A p a r t m e n t   S p e c i a l i s t 1 8 2 (1 . 6 4 / u n i t ) II I 1 0 I I I I I I 41 0 0   L a k e b r e e z e   A v e 1  B l d g 4  U n i t s Re n e w a l PB K   P r o p e r t i e s ,   L L C / K e i a   I s a a c s o n (M i s s i n g   A R M   a n d   c p t e d ) 8 (2 / U n i t ) II I 0 I I I I I I Th e   L i l a c s 58 0 0   L o g a n   A v e   N 2  B l d g 22   U n i t s Re n e w a l F a r n a z   T o u s s i 52 (2 . 4 / u n i t ) II I 0 I I I I 53 2 8 ‐ 3 0   Q u e e n   A v e   N T w o   F a m i l y R e n e w a l C h a d   &   A m y   B u c h e r 1 I 0 I I 41 0 0   6 1 s t   A v e   N S i n g l e   F a m i l y R e n e w a l E m m a n u e l   C o k e r 2 I 0 I I I I 41 0 1   6 1 s t   A v e   N S i n g l e   F a m i l y R e n e w a l Lo n g   X i o n g mi s s i n g   1   A R M   m e e t i n g 3 I I 0 I I I I I I 28 2 4   6 7 t h   L n   N S i n g l e   F a m i l y R e n e w a l M o l l y   C o l l i n s 5 I I I 0 I I I I I 54 1 8   7 0 t h   C i r S i n g l e   F a m i l y R e n e w a l D o u g l a s   A l l e n   W a h l 4 I I 0 I I I I 38 1 9   B u r q u e s t   L a S i n g l e   F a m i l y R e n e w a l A m i r   C h a b o k i 4 I I 0 I I I I I 61 0 7   E m e r s o n S i n g l e   F a m i l y R e n e w a l Ly d i a   Y e b o a h mi s s i n g   1   A R M   m e e t i n g 6 I I I 0 I I I I I I 58 3 4   F r e m o n t   A v e   N S i n g l e   F a m i l y R e n e w a l R o b e r t   G o l d s m i t h 0 I 0 I I I I 58 4 3   F r e m o n t   A v e   N S i n g l e   F a m i l y R e n e w a l D   &   J   P r o p e r t i e s 7 I I I 0 I I I I 64 0 0   N o b l e   A v e   N S i n g l e   F a m i l y R e n e w a l Z a m   Z a m   G e s a a d e 3 I I 0 I I I I **   L i c e n s e   T y p e   B e i n g   I s s u e d T y p e   I   =   3   Y e a r         T y p e   I I   =   2   Y e a r            T y p e   I I I   =   1   Y e a r ** *   I n i t i a l   l i c e n s e s   w i l l   n o t   s h o w   a   p r e v i o u s   l i c e n s e   t y p e Al l   p r o p e r t i e s   a r e   c u r r e n t   o n   C i t y   u t i l i t i e s   a n d   p r o p e r t y   t a x e s Re n t a l   L i c e n s e s   f o r   C o u n c i l   A p p r o v a l   o n   O c t o b e r   2 2 ,   2 0 1 8 *  C F S   =   C a l l s   F o r   S e r v i c e   f o r   R e n e w a l   L i c e n s e s   O n l y   ( I n i t i a l   L i ce n s e s   a r e   n o t   a p p l i c a b l e   t o   c a l l s   f o r   s e r v i c e   a n d   w i l l   b e   l i s t ed   N / A . ) COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development S UBJ EC T:R esolution Authorizing Habitat for Humanity to P articipate in the Hennepin C ounty Hous ing and R edevelopment Authority’s Affordable Housing Incentive F und Loan Requested Council Action: - M otion to approve the resolution authorizing H abitat for H umanity to participate in the H ennepin C ounty H ousing and R edevelopment Authority's Affordable H ousing Incentive F und L oan Background: Habitat for Humanity is req uested approval from the Bro o klyn C enter C ity C o uncil to p artic ip ate in Hennepin C ounty Hous ing and R edevelopment Authority's Affordable Housing Incentive F und. Habitat fo r Humanity has b een awarded fund s to purchas e 2 hous es in sub urban Hennepin C ounty. Habitat for Humanity intends to purc hase 6701 Drew Ave N in Brooklyn C enter. After the p ro p erty is p urc hased, their wo uld be up d ates and repairs to the p ro p erty b efo re it is s o ld using a Land Trust S truc ture. T he buyers would be families earning 60% or les s of the Area Median Income. Budget Issues: T here are no budgetary c onsiderations relating to this ac tion. S trategic Priorities and Values: R es ident Ec onomic S tability Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING THE PARTICIPATION OF THE HENNEPIN COUNTY HOUSING AND REDEVELOPMENT AUTHORITY IN AN AFFORDABLE HOUSING PROJECT WHEREAS, the Hennepin County Housing and Redevelopment Authority (HCHRA) has approved the use of a $100,000 Affordable Housing Incentive Fund (AHIF) loan for Habitat for Humanity contingent upon the Brooklyn Center City Council’s consent to the HCHRA’s participation in the project; and WHEREAS, The purchase of up to 3 homes to be acquired for the Habitat for Humanity Scattered Site program, of which one or more properties may be located within the City of Brooklyn Center and the rest within suburban Hennepin County, will preserve the supply of affordable housing in the city by providing long-term affordability; and WHEREAS, the loan from the HCHRA will complete the financing required for the project to go forward; and WHEREAS, . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that that the participation of the Hennepin County Housing and Redevelopment Authority in the project for the limited purpose of providing financial support to the project is hereby approved and that nothing in this resolution shall create a pecuniary obligation of the City to assist the project, nor shall the City be in any way responsible for any financing obligation or agreement of the HCHRA with respect to its provision of financial assistance to the project October 22, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. T w i n C i t i e s ^ r H a b i t a t f o r H u m a n i t y J e s s e A n d e r s o n D e p u t y D i r e c t o r / H R A S p e c i a l i s t C i t y o f B r o o k l y n C e n t e r 6 3 0 1 S h i n g l e C r e e k P k w y . B r o o k l y n C e n t e r , M N 5 5 4 3 0 R E : H e n n e p i n C o u n t y A f f o r d a b l e H o u s i n g I n c e n t i v e F u n d u s e a p p r o v a l r e s o l u t i o n M r . A n d e r s o n , T w i n C i t i e s H a b i t a t f o r H u m a n i t y i s a n a f f o r d a b l e h o u s i n g d e v e l o p e r a c t i v e i n t h e s e v e n - c o u n t y m e t r e a r e a . W e b u i l d a n d r e h a b i l i t a t e a b o u t 8 0 h o u s e s a y e a r a n d t h e n s e l l t h o s e h o u s e s t o f a m i l i e s e a r n i n g b e t w e e n 3 0 % a n d 8 0 % o f A r e a M e d i a n I n c o m e . F o r s o m e p r o j e c t s , w e s e e k p u b l i c f u n d i n g f r o m c o u n t i e s a n d c i t i e s t o s u p p o r t t h i s w o r k . T h i s p a s t y e a r , w e h a v e r e h a b b e d t w o p r i v a t e l y p u r c h a s e d p r o p e r t i e s ( 6 8 0 1 E m e r s o n A v e , 6 3 3 0 K y l e A v e ) a n d a r e u n d e r w a y o n o n e H e n n e p i n C o H O M E p r o g r a m f u n d e d p r o p e r t y ( 5 8 0 6 J u n e A v e N ) i n B r o o k l y n C e n t e r . E a r l i e r t h i s y e a r , w e w e r e a w a r d e d H e n n e p i n C o u n t y A f f o r d a b l e H o u s i n g I n c e n t i v e F u n d ( A H I F ) f u n d s f o r t h e p u r c h a s e a n d r e h a b o f 2 h o u s e s i n s u b u r b a n H e n n e p i n C o u n t y . A s p a r t o f o u r a p p l i c a t i o n a n d a p p r o v a l , w e c o m m i t t e d t o s e l l i n g t h e s e h o u s e s t o f a m i l i e s e a r n i n g 6 0 % A M I u n d e r a L a n d T r u s t s t r u c t u r e , w i t h T w i n C i t i e s H a b i t a t s e r v i n g a s t h e l a n d t r u s t e n t i t y , a s w e h a v e d o n e o n 1 2 o t h e r p r o p e r t i e s i n r e c e n t y e a r s a n d w i l l c o n t i n u e t o d o f o r a d d i t i o n a l p r o p e r t i e s t h i s y e a r a n d i n t o t h e f u t u r e . I n o r d e r t o u s e A H I F f u n d s i n a n y g i v e n c i t y , s t a t e s t a t u t e r e q u i r e s t h a t w e o b t a i n a c i t y c o u n c i l r e s o l u t i o n a u t h o r i z i n g t h e u s e o f t h e f u n d s . W e r e q u e s t t h a t t h e B r o o k l y n C e n t e r C i t y C o u n c i l r e v i e w a n d a p p r o v e t h e a t t a c h e d r e s o l u t i o n , w h i c h w a s d r a f t e d b y H e n n e p i n C o u n t y , a u t h o r i z i n g t h e u s e o f t h e f u n d s o n a n y r e h a b p r o p e r t y t h a t w e m i g h t b e a b l e t o b u y . T h e t r i g g e r f o r t h i s r e q u e s t i s o u r d e s i r e t o p u r c h a s e t h e p r o p e r t y l o c a t e d a t 6 7 0 1 D r e w A v e N . T h i s h o u s e i s a 3 - b e d r o o m h o u s e o n w h i c h w e i n t e n t t o p e r f o r m t h e f o l l o w i n g s c o p e o f w o r k : • M o d e s t r e p a i r a n d m a i n t e n a n c e o n t h e f i r s t f l o o r • M a i n t e n a n c e a n d r e p a i r a s n e e d e d o n m e c h a n i c a l s y s t e m s , i n c l u d i n g u p g r a d i n g o f f u s e b o x • I n s t a l l a t i o n o f d r a i n t i l e s y s t e m i n b a s e m e n t • A d d i t i o n o f e g r e s s w i n d o w a n d c r e a t i o n o f b a s e m e n t b e d r o o m • A d d i t i o n o f g a r a g e i n l o c a t i o n o f e x i s t i n g g r a v e l p a r k i n g s p a c e T w i n C i t i e s 3 ^ H a b i t a t f o r H u m a n i t y W e a r e c u r r e n t l y p u r s u i n g a p u r c h a s e a g r e e m e n t o n t h i s p r o p e r t y a n d w i l l k e e p C i t y s t a f f a p p r i s e d o f o u r p r o g r e s s . W e a p p r e c i a t e y o u r c o n s i d e r a t i o n o f t h i s m a t t e r . S i n c e r e ! C h a d D i p m a n P r o j e c t M a n a g e r COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Jeremy Hulke, F ire C hief F R O M:G ary Hendric kson, Deputy C hief S UBJ EC T:R esolution Adopting the Hennepin C ounty All-Hazard Mitigation P lan Requested Council Action: - M otion to adopt resolution for the H ennepin C ounty All-H azard M itigation P lan. Background: F ederal legis lation has histo rically p ro vided fund ing for disaster relief, recovery, and some hazard mitigation planning. T he Dis as ter Mitigation Ac t o f 2000 (DMA 2000) is the lates t legis lation to imp ro ve this planning process (P ub lic Law 106-390). T he new legis lation reinfo rces the imp o rtance of mitigation planning and emphasizes planning fo r dis as ters before they o cc ur. As s uc h, DMA 2000 es tablishes a p re-d is as ter hazard mitigation program and requirements for the national post-dis as ter Hazard Mitigation G rant P rogram (HMG P ). S ection 322 of DMA 2000 spec ifically addresses mitigation planning at the state and local levels. It identifies requirements that allow HMG P funds to be used for planning activities , and inc reas es the amount of HMG P funds available to states that have developed a comprehensive, enhanc ed mitigation plan prior to a dis as ter. S tates and c ommunities must have an approved mitigation plan in plac e prior to receiving post-dis as ter HMG P funds . Local and tribal mitigation plans mus t demonstrate that their proposed mitigation measures are bas ed on a sound planning proc es s that ac counts for the risk to and the capabilities of the individual c ommunities. T he most rec ent hazard mitigation plan was adopted in 2010; the incorporated c ities and Hennepin C ounty formed an agreement whic h es tablished the unification in the development of writing the plan. T he Hennepin C ounty Board of C ommis s ioners and C ity C ounc ils from each participating munic ipality were required to adopt the plan prior to its s ubmittal to HS EM and F EMA for final approval. Although this is tec hnically an update to the 2010 plan, there have b een signific ant c hanges to the ris k as s es s ment as well as the o verall numb er o f participating agenc ies invo lved in the p lanning process. S o, while this plan is an up d ate for many o f the p lanning p artners , it is also the initial p lan for others. T herefore, it was important to estab lis h a p lanning p ro ces s that was c ons is tent for all partners. T he up d ated plan d iffers from the initial plan in a variety of ways : · T he R is k Assessment has been revised to reflec t a signific ant amount o f new hazard s as well as updating the c urrent hazards with d ata collec ted through the Hennepin C o unty R egional R eference C ollec tion. · T he vulnerab ility as s es s ment does no t us e HAZUS -MH to es timate los s es . Munic ipalities and C ounty Departments bore the res p o nsibility to id entify critical infras truc ture as well as es timate losses of each individual infras tructure identified. · T he update created an o p p o rtunity for the C o unty and planning partners to engage citizens directly through soc ial media and survey’s in a c o o rd inated approac h to gage their p erceptio n o f ris k and support of the concept of ris k reduc tion through mitigation. · T he p lan id entifies mitigation objec tives in ad d itions to the ac tions and go als o f the p revious plan. T he id entified ac tions meet multip le objec tives that are meas urable, so that eac h p lanning partner c an measure the effectivenes s of their mitigation actions. · T he risk as s es s ment has been p rep ared to better s up p o rt future grant applic ations b y providing risk and vulnerability info rmation that will direc tly s upport the measurement o f “c os t-effec tiveness” required under F EMA mitigation grant programs. · G iven the extent of c hanges in this update, reviewers sho uld c o ns ider this to b e a new plan. W hen relevant, the up d ate disc usses correlatio ns with the initial p lan, espec ially when data or informatio n is being carried over to the update. T his is doc ument is approximately 800 pages and the portio ns s p ecific to the C ity of Brooklyn C enter have been attac hed. Budget Issues: No budget issues . S trategic Priorities and Values: S afe, S ecure, S table C ommunity Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION ADOPTING THE HENNEPIN COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Brooklyn Center has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Hennepin County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Hennepin County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Hennepin County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Hennepin County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Hennepin County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Brooklyn Center, Minnesota, supports the hazard mitigation planning effort and wishes to adopt the Hennepin County All-Hazard Mitigation Plan. ___________________ Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 3.1.2. CITY OF BROOKLYN CENTER BROOKLYN CENTER MITIGATION PLAN POC: GARY HENDRICKSON A. Brooklyn Center Objectives and Actions Goal 1 Minimize loss of life, injury, and damage to property, the economy, and the environment from natural and man-made hazards OBJECTIVES ACTIONS 1A: Preparation for Severe Weather Response 1A1: Upgrade technology within the EOC to aid in better mitigation of a natural or manmade disaster. 1A2: Improve the capability of the communities backup EOC. Goal 2 Increase education, outreach, and awareness OBJECTIVES ACTIONS 2A: Educate and inform the public and local businesses on how to better prepare and protect themselves from the impacts of severe weather. 2A1: Develop an Emergency Prepare dness website which could educate the public and local businesses about how to prepare their homes and businesses from effects of severe weather. Due to the diversity within the community this information will need to be translated into various languages. 2B: Notify and inform the public. 2B1: Purchase and install electronic reader boards at key critical infrastructure locations to aid in the dissemination of emergency information. 2B2: Purchase an emergency notification system such as Everbridge to aid in the dissemination of emergency information. Goal 3 Protect natural and cultural resources OBJECTIVES ACTIONS None Goal 4 Identify areas of greatest impact from hazards OBJECTIVES ACTIONS None Goal 5 Enhance hazard mitigation coordination and communication with federal, state and local governments. OBJECTIVES ACTIONS None Goal 6 Promote disaster -resistant future development OBJECTIVES ACTIONS None Goal 7 Build and support local capacity and commitment to become less vulnerable to hazards OBJECTIVES ACTIONS 7A: Bury All Overhead Power lines 7A1: Work within the community and Xcel Energy to identify all power lines which could be buried to reduce significant power failures throughout the community. 7B: Provide auxiliary power. 7B1: Install an emergency generator at City Hall/Community Center so the facility could be used as a congregate care facility. B. Brooklyn Center Mitigation Actions Mitigation Actions (7) Estimated Cost Rank Timeline 1A1: Upgrade technology within the EOC to aid in better mitigation of a natural or manmade disaster. $50,000 1 Short 1A2: Improve the capability of the communities backup EOC. $25,000 2 Medium 2B2: Purchase an emergency notification system such as Everbridge to aid in the dissemination of emergency information. $50,000 3 Short 2B1: Purchase and install electronic reader boards at key critical infrastructure locations to aid in the dissemination of emergency information. $120,000 4 Medium 2A1: Develop an Emergency Preparedness website which could educate the public and local businesses about how to prepare their homes and businesses from effects of severe weather. Due to the $25,000 5 Long diversity within the community this information will need to be translated into various languages. 7A1: Work within the community and Xcel Energy to identify all power lines which could be buried to reduce significant power failures throughout the community. $1,000,000 6 Long 7B1: Install an emergency generator at City Hall/Community Center so the facility could be used as a congregate care facility. $60,000 7 Medium C. Brooklyn Center Mitigation Strategies Priority Goal Objective Action Name Description Project Cost Responsible Agency Timeline 1 1 1A 1A1 City of Brooklyn Center Emergency Management, IT, and Tierney Brothers 50K City of Brooklyn Ctr. Short 2 1 1A 1A2 City of Brooklyn Center Emergency Management, IT, and Tierney Brothers 25K City of Brooklyn Ctr. Medium 3 2 2B 2B2 City of Brooklyn Center Emergency Management, IT, and Everbridge 50K City of Brooklyn Ctr. Short 4 2 2B 2B1 City of Brooklyn Center Emergency Management, IT, Community Activities Recreational Services (CARS) and Stewart Signs 120K City of Brooklyn Ctr. Medium 5 2 2A 2A1 City of Brooklyn Center Emergency Management, IT, City Communications, and ECHO 25K City of Brooklyn Ctr. Long 6 7 7A 7A1 City of Brooklyn Center Emergency Management, Public Works, and Xcel Energy 1M City of Brooklyn Ctr. Long 7 7 7B 7B1 City of Brooklyn Center Emergency Management, Public Works, Community Activities Recreational Services (CARS) 60K City of Brooklyn Ctr. Medium TOTAL $1,330,000 D. Brooklyn Center Mitigation Action Progress Report Mitigation Strategies 2010 Progress Report Period From Date: 2010 To Date: 201 7 Project Title/Action #1 Create a smoke detector program that would provide smoke detectors to the general public for free Responsible Agency Brooklyn Center Fire Contact Name John Polz Contact Phone/Email (763)549 -3639 Project Status o Project Completed o Project Canceled X Project on Schedule o Anticipated completion date:___________________ o Project is delayed Summary of Project 5 Year project with a cost estimate of $5600.00 Name of Reviewer COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Doran C ote, P ublic Works Director F R O M:Todd Berg, S treets/P arks S upervis or S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing F inal P ayment, P roject No. 2016-09, 69th Avenue G reenway and C ahlander P ark F ence R eplacement Improvements Requested Council Action: - M otion to approve the resolution accepting work performed and authorizing final payment, P roject N o. 2016-09, 69th Avenue G reenway and C ahlander P ark F ence R eplacement Improvements Background: T he 2016 C apital Improvement P rogram (C I P ) identified replacing the fences at C ahlander P ark and along the 69th Avenue G reenway. O n S eptember 15, 2016, the C ity requested bids for this project, two bids were received and both were s ignificantly above the engineer ’s estimates. S taff proc eeded to re-bid the improvements s eparately with the C ahlander P ark fence in 2017 and the 69th Avenue G reenway fence in 2018. T he 2017 C ahlander P ark fence replacement and cons tructing a test sec tion of replacement fenc e on 69th Avenue was completed by F enc-C o, Inc . of G olden Valley, Minnesota. O n April 23, 2018, the C ity C ounc il awarded Improvement P roject 2016-09, 2018 69th Avenue G reenway F enc e R eplac ement Improvements to F enc -C o, Inc. of G olden Valley, Minnes ota. F enc-C o, Inc . has s uc cessfully completed the work and is requesting final payment for the projec t. Budget Issues: T he 2017 C ahlander P ark fence replacement and cons tructing a test sec tion of replacement fenc e on 69th Avenue was completed with a final project budget of $56,374.10. T he original contrac t amount with F enc -C o, Inc. for the 2018 69th Avenue G reenway F ence R eplacement Improvements was $175,857.50. T he total value of work c ertified for final payment is $182,907.50. T he total project c os t inc luding contingencies/administration/engineering/legal is $262,478.10 and was completed 3.8 percent over budget in the amount of $9,612.35. T he attached resolution provides a s ummary of the final amended costs and funding s ourc es for the projec t. S trategic Priorities and Values: Enhanc ed C ommunity Image Member introduced the following resolution and moved its adoption: RESOLUTION NO._______________ RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING FINAL PAYMENT, PROJECT NO. 2016-09, 69 th AVENUE GREENWAY AND CAHLANDER PARK FENCE REPLACEMENT IMPROVEMENTS WHEREAS, pursuant to written contracts signed with the City of Brooklyn Center, Minnesota, Fenc-Co, Inc. of Golden Valley, Minnesota has completed the following improvements in accordance with said contract: Project No. 2016-09, 2018 69th Avenue Greenway and (2017) Cahlander Park Fence Replacement Improvements NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that: 1. Final payment shall be made on Project No. 2016-09, 2018 69th Avenue Greenway and 2017 Cahlander Park Fence Replacement Improvements, taking the contractor’s receipt in full. The total amount to be paid for said improvements under said contracts shall be $239,281.60. 2. The estimated project costs are hereby amended as follows: COSTS As Original Award As Final 2017 Cahlander Fence Contract $ 44,511.75 $ 45,377.60 2017 69 th Ave Test Section Contract $ 12,496.50 $ 10,996.50 2018 69 th Ave Fence Contract $ 175,857.50 $ 182,907.50 Engineering and Administrative $ 10,000.00 $ 0.00 Contingency (Fence Sealing in 2019) $ 10,000.00 $ 23,196.50 TOTAL $ 252,865.75 $ 262,478.10 REVENUES As Original Award As Final Bid Capital Improvements Fund $ 252,865.75 $ 262,478.10 RESOLUTION NO. _______________ October 22, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:G inny Mc Intosh, C ity P lanner / Zoning Adminis trator S UBJ EC T:R esolution Acc epting Work P erformed and Authorizing the R eleas e of F unds for C ertain F inanc ial G uarantees Being Held by the C ity (Luther Brookdale Volks wagen Dealers hip) Requested Council Action: - Mo tio n t o approve a resolution Accepting Work P erformed and Authorizing the R elease of F unds for C ertain F inancial G uarantees B eing H eld by the C ity (L uther B rookdale Volkswagen D ealership). Background: Nearly all development projec ts that take p lace in the C ity req uire applic ants to sign a P erformance Agreement, whic h req uires the d ep o s it o f a financ ial guarantee with the C ity. T his guarantee is held to ens ure that s pec ific site imp ro vements are completed in ac c o rd anc e with previo usly approved p lans. F inancial guarantees have typic ally been in the fo rm o f c as h, a Letter o f C redit (L O C ), o r the issuanc e o f a b o nd in favor of the C ity. P erformance Agreements detail the s p ec ific improvements the financ ial guarantee covers , and o utlines the terms und er whic h the financ ial guarantee may b e released o r red uc ed by the C ity. Typ ical improvements c overed und er the guarantee inc lude: s ite grad ing, landsc ap ing, s o d d ing/s eeding, irrigatio n, c urb and gutter, stormwater improvements , s idewalks , handicap/ADA ramps , fenc ing, s creening, and eros ion control. T hese items are typic ally c o nsidered to b e at greater risk for remaining inc o mp lete at the time a developer seeks a C ertific ate o f O cc upancy (C O ), and thus the financ ial guarantee as s ures that thes e items are c ompleted and that their c o mp letion meets the prevailing minimum s tand ard s . In the event a develo p er defaults and the projec t is ab andoned , the C ity may als o us e the financ ial guarantee to correc t any hazardous or nuisance c o nditio ns o r to otherwis e stab ilize and s ecure the p ro p erty in o rd er to protect the p ublic health, safety, and welfare. F or P erfo rmanc e Agreements that p red ate 2015, C ity C ounc il ac tion is req uired to red uc e or releas e the financ ial guarantee. P as t practice has been to hold the guarantees until property o wners req ues t their releas e, thus the C ity is holding many ac tive financ ial guarantees that have long s inc e been satis fied. S taff is s eeking authorization from the C ity C ounc il to release the following financ ial guarantee: L uther Brookdale Volkswagen D ealership – P lanning Commission Application No. 2013-008. T his p erfo rmanc e agreement was originally issued in the amount of $100,000 for s ite improvements related to the develo p ment of a 32,100-s quare foot Luther Bro o kdale Volks wagen Dealership, located at 6801 and 6837 Bro o klyn Boulevard. Approval o f the build ing and s ite plan fo r this development includ ed a provis io n that a retaining wall and fenc e be ins talled. Installation o f the retaining wall and fence, as well as the other outlined site improvements , have been deemed complete, therefore; s taff is rec ommending that the Letter of C redit (LO C ) be releas ed in full. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Targeted R edevelopment Member introduced the following resolution and moved its adoption: RESOLUTION NO. 2018- RESOLUTION ACCEPTING WORK PERFORMED AND AUTHORIZING THE RELEASE OF FUNDS FOR CERTAIN FINANCIAL GUARANTEES BEING HELD BY THE CITY (LUTHER BROOKDALE VOLKSWAGEN DEALERSHIP) WHEREAS, the City requires, as a condition of approval for certain planning applications, that the applicant enter into a Performance Agreement and submit a supporting financial guarantee, to be held by the City, to ensure certain site improvements are completed in accordance with the approved plans and in a timely manner; and WHEREAS, the Performance Agreement details the specific improvements that are included, and outlines the terms under which their respective financial guarantees may be released or reduced by the City; and WHEREAS, the City Council may release a financial guarantee upon accepting the work performed, or reduce a financial guarantee based upon the remaining amount of improvements left to complete; and WHEREAS, the City has received a request from a representative of the Luther Company, LLLP, requesting that the financial guarantee, in the form of a Letter of Credit (LOC), be released in the full amount of $100,000; and WHEREAS, City staff has inspected the property, located at 6801 and 6837 Brooklyn Boulevard, and commonly known as the Luther Brookdale Volkswagen Dealership, for compliance with the associated Performance Agreement, and has determined that all required site improvements have been completed and all conditions of the Performance Agreement have been fulfilled. NOW, THEREFORE, BE IT RESOLVED by the City Council of Brooklyn Center, Minnesota, that it hereby approves and accepts all of the work required to be undertaken in association with the approval of Planning Commission Application No. 2013-008 and City Council Resolution No. 2013-83 (Resolution Regarding the Recommended Disposition of Planning Commission Application No. 2013-008 Submitted by the Luther Company, LLLP Requesting Site and Building Plan Approval of the New Luther Brookdale Volkswagen Automobile Dealership Facility (6801 & 6837 Brooklyn Boulevard), and agrees to release the associated financial guarantee amount in full. RESOLUTION NO. _________________ October 22, 2018 Date Tim Willson, Mayor ATTEST: Barbara Suciu, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eggie Edwards , Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:P roc lamation Dec laring O ctober 22, 2018, to be Des ignated as R andom Acts of Kindnes s Day Requested Council Action: - M otion to approve P roclamation D eclaring O ctober 22, 2018, to be D esignated as R andom Acts of K indness D ay Background: T he C ity of Brooklyn C enter has c elebrated R andom Ac ts of Kindness s inc e 1997. Eac h year the nominees are rec ognized by the C ity C ounc il as its s econd meeting in O ctober. T he attached proc lamation encourages res idents to c elebrate R andom Ac ts of Kindness. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Enhanc ed C ommunity Image PROCLAMATION DECLARING OCTOBER 22, 2018, TO BE DESIGNATED AS RANDOM ACTS OF KINDNESS DAY WHEREAS, Random Acts of Kindness are the expression of our empathy and compassion for one another; and WHEREAS, the daily acts of kindness of most of the citizens of Brooklyn Center often go unrecognized; and WHEREAS, by recognizing these daily acts of kindness, all citizens of Brooklyn Center will become more aware of the importance of being kind to others throughout the year; and WHEREAS, the City of Brooklyn Center celebrated the first Random Acts of Kindness in 1997, and is celebrating its 22nd Annual Random Acts of Kindness by encouraging schools, employees, and community groups to participate in Random Acts of Kindness. NOW, THEREFORE, I, AS MAYOR OF THE CITY OF BROOKLYN CENTER, State of Minnesota, with the consent and support of the Brooklyn Center City Council, do hereby proclaim October 22, 2018, to be Random Acts of Kindness Day and urge all residents of the City of Brooklyn Center to join in celebrating and performing Random Acts of Kindness. October 22, 2018 Date Mayor Council Members ATTEST: City Clerk COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eggie Edwards , Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:R andom Acts of Kindnes s R ec ognition and C ertificate C eremony Requested Council Action: - C ity C ouncil members alternately read nominations received for R andom Acts of K indness while M ayor Willson presents the C ertificate of R ecognition to the nominees. Background: S ince 1997 the C ity of Brooklyn Center has celebrated Random Acts of Kindness during the month of October. An article seeking nominations was printed in the fall 2018 edition of the resident newsletter City Watch, as well as in the Brooklyn Center Sun-Post. Random Acts of Kindness nomination f orms were made available at the customer service counters at City Hall, a letter was sent out to community organizations. I nformation about Random Acts of Kindness, and an online nomination form was available on the City’s website. Attached are copies of the 7 nominations received this year. A letter was sent to the nominees who were identif ied (and carbon copied to the nominator) inviting them to participate in the Random Acts of Kindness recognition at tonight’s City Council meeting. Those nominees attending the recognition will receive their certificates at the meeting. Those nominees who are unable to attend the meeting staff will mail the certificates. Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: Enhanc ed C ommunity Image Random Acts of Kindness 2018 Nominee Nominator Bao Cha Khou Vang Heidi Pendroy Khou Vang Stephanie Short Khou Vang Dr. John Goeppinger Kazim Medhi Anoshirvan Mazhari Kazim Medhi Dr. Amir Monzavi Kazim Medhi Hadi Medical Clinic Kazim Medhi aw a r d e d t o : aw a r d e d t o : aw a r d e d t o : aw a r d e d t o : S S S S A M P L E A M P L E A M P L E A M P L E –––– N o m i n e e ’ s N a m e H e r e N o m i n e e ’ s N a m e H e r e N o m i n e e ’ s N a m e H e r e N o m i n e e ’ s N a m e H e r e fo r c o n t r i b u t i n g t o t h e c o m m u n i t y s p i r i t fo r c o n t r i b u t i n g t o t h e c o m m u n i t y s p i r i t fo r c o n t r i b u t i n g t o t h e c o m m u n i t y s p i r i t fo r c o n t r i b u t i n g t o t h e c o m m u n i t y s p i r i t of of of of Br o o k l y n C e n t e r Br o o k l y n C e n t e r Br o o k l y n C e n t e r Br o o k l y n C e n t e r O c t o b e r 2 2 , 2 0 1 8 Ma y o r Random Acts of Kindness Presentation of Recognition and Certificate Ceremony 1. City Council read nominations received for Random Acts of Kindness 2. Certificates issued to those nominees present COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Jesse Anders on, Deputy Direc tor of C ommunity Development S UBJ EC T:An O rdinance Amending C hapters 1 and 19 of the C ity C ode of O rdinanc es R egarding C hickens Requested Council Action: -M otion to open public hearing,take publi c comment, and close publi c heari ng -M otion to adopt an ordinance amendment C hapters 1 and 19 of the C ity C ode of O rdinances creating provisions to allow the keeping of backyard chickens Background: O n S eptember 24, 2018 the C ity C ouncil approved the 1s t reading of the ordinanc e and c alled for the public hearing on the amendment to be held on O c tober 22, 2018. T he C ity C ouncil reviewed the draft ordinance propos ed by the Housing C ommis s ion at the S eptember 10, 2018 C ounc il Work s es s ion. At the C ity C o unc il O pen F orum multip le reques ts have b een mad e b y res id ents to allo w chickens at res idential homes . T he C ity C ounc il reques ted that the Hous ing C ommission review and provide recommendation to the C ity C ounc il. T he Hous ing C ommis s ion dis cus s ed the is s ue of b ackyard chickens extens ively at their May, June, and July meetings. T hey reviewed s imilar ordinanc es fro m neighboring c o mmunities, as well as dis c us s ing the spec ific effects of an o rd inance in Bro o klyn C enter. S up p o rters of the ordinanc e als o were present at the Housing C ommis s ion meetings to answer ques tions of the C ommissioners and to provide bac kground information. T he fo llo wing is a s ummary o f rec o mmendatio ns from the Ho using C ommission related to the keep ing of backyard chickens: No R oosters No more than 6 Hens Allows for a C hic ken C oop Allows for a C hic ken R un F urther, the Hous ing C ommission d id d is c us s the to p ic of whether o r not to req uire a licens e o r regis tration for bac kyard chickens. T he Hous ing C o mmis s io n conclud ed that regis tratio n o r a licens e s ho uld no t be required due to the fac t that the C ity does not currently licens e other animals and the lic ensing would be an inc reas ed burden on city s taff. T he Hous ing C ommission rec ommended that S taff move forward with the ordinanc e based on their dis cus s ions. T he C ity Attorney reviewed the ordinanc e, which is attached. Budget Issues: T here are no budget cons iderations relating to the propos ed ordinanc e amendments . S trategic Priorities and Values: S afe, S ecure, S table C ommunity 1 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 22 day of October, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to chickens. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTERS 1 AND 19 OF THE CITY CODE OF ORDINANCES REGARDING CHICKENS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article I. Brooklyn Center City Code, Section 1-101 setting out definitions is amended as follows and by renumbering the provisions in this Section as needed: 1. Animal. Animal means dogs, cats, and chickens. _. Chicken. Chicken means a domesticated bird (Gallus gallus domesticus), typically used as a source of meat or eggs. For the purposes of Section 1-130, all references to chickens are to hens. _. Chicken Coop. Chicken coop means a structure for the keeping or housing of chickens permitted by this Chapter. _. Chicken Run. Chicken run means a fully-enclosed and covered area attached to a coop where the chickens can roam unsupervised. _. Hen. Hen means a female chicken. _. Rooster. Rooster means a male chicken. Article II . Brooklyn Center City Code is amended by adding a new Section 1-130 regarding chickens as follows: Section 1-130. CHICKENS. 1. Keeping. Up to six (6) chickens may be kept on a single-family or two-family residential property in the R1 and R2 Zoning Districts. Only hens may be kept pursuant to this Section. The keeping of one or more chickens in any other zoning district in the City is prohibited. 2. Requirements. Chickens allowed by this Section shall be kept in accordance with 2 all of the following: a. Ownership Occupancy. The owner of the chickens shall live in the dwelling on the same property as the chickens are kept. If the property is not owner- occupied, then the property owner must provide a written statement to the City granting permission for the occupants to keep chickens at the property. b. Chicken Coops and Runs. Chickens shall be kept at all times in a chicken coop or chicken run that complies with the requirements of this Section. 3. Chicken Coops and Chicken Runs. Chicken coops and chicken runs shall comply with the following requirements and restrictions. a. The area covered by a chicken coop and a chicken run is limited to a combined total of no more than 120 square feet and shall not exceed six (6) feet in height. b. Any chicken coop that exceeds 30 square feet shall be considered an accessory structure and must meet all requirements in Section 35-530 of this Code. c. All applicable building, property maintenance, and zoning requirements of Chapter 35 of this Code. d. All electrical work shall be done in accordance with applicable codes and any required permits shall be obtained. e. A chicken coop shall: 1) Be fully enclosed, wind proof, and constructed so as to prevent escape by any chickens or entrance by migratory birds; 2) Be winterized to protect the chickens in cold weather; and 3) Be constructed with architecturally appropriate building materials including exterior grade siding and either a metal, composite or shingled roof, or in the alternative, coop shall be purchased from a commercial source that constructs structures specifically to be used as coops for chickens. f. A chicken run shall: 1) Be fully enclosed with a fence that is securely constructed with mesh type material no larger than one (1) inch; and 2) Be covered by protective overhead netting to keep chickens separated from other animals. 3 g. Be located in accordance with all of the following: 1) Entirely in the rear yard of the property; 2) At least five (5) feet from side or rear lot lines and shall not be erected, altered, or moved, within six (6) feet of the principle building, as measured from exterior wall to exterior wall; 3) At least thirty (30) feet from all dwellings on adjacent properties; and 4) Shall not be located closer to an adjacent street than the owner’s dwelling. h. Shall be removed and the site restored if the keeping of chickens is discontinued for more than six (6) months. 4. Prevention of Nuisance Conditions. Owners shall care for chickens in a humane manner and shall prevent nuisance conditions by ensuring that all of the following conditions are met. a. The chicken coop and chicken run shall be maintained in good repair, and in a clean and sanitary manner free of vermin and nuisance odors. b. Feces and discarded feed shall be regularly collected and stored in a leak-proof container with a tight-fitting cover to prevent nuisance odors and the attraction of vermin until it can be disposed of properly. c. Chicken feed shall be stored in leak-proof containers with a tight-fitting cover to prevent attracting vermin. d. Chickens shall be secured inside of a chicken coop from sunset to sunrise each day to prevent nuisance noise and attracting predators. e. Chickens shall remain in either the chicken coop or chicken run at all times and shall be allowed to not run at large. 5. Prohibitions. All of the following are prohibited within the City and constitute a violation of this Code. a. Keeping of roosters. b. Cockfighting. c. Slaughter of chickens. d. Raising chickens for breeding purposes. 4 e. Keeping of chickens over the age of four (4) weeks inside of a dwelling or garage. f. Commercial sale of poultry or eggs produced on the property. Article III . Brooklyn Center City Code, Section 19-104 is hereby amended as follows: Section 19-104. LIMITATIONS ON KEEPING OF ANIMALS. It is hereby declared to be a public nuisance to permit, maintain or harbor any of the following: 1. More than two (2) dogs exceeding six months of age. 2. More than three (3) cats exceeding six months of age. 3. Any combination of more than five (5) animals exceeding six months of age. 4. Horses, cows, sheep, pigs, goats, swine, mules, llamas, or other hoofed animals, chickens, ducks, geese, or other agricultural animal or domestic fowl. 5. Live wild animals, reptile, or fowl, of types that are not naturally tame or gentle but are of a wild nature or disposition that, because of their size, vicious nature, or other characteristics would constitute a danger to human life or property. Examples of such wild animals include, but are not limited to, bears, lions, tigers, jaguars, leopards, bobcat, cougars, cheetahs, lynx, ocelots, wolves, foxes, coyotes, dingoes, jackals, bison, panthers, apes, badgers, raccoons, ferrets, skunks, puma, rattle snakes, coral snakes, water moccasins, or cobras. 6. Any combination of animals and/or fowl of any age kept in such numbers or under conditions which unreasonably annoy, injure, or endanger the health, safety, comfort, repose or welfare of the public or of said animals or fowl. 7. Chickens, except to the extent allowed by Section 1-130 and then only in compliance with that Section. Article IV . This Ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this day of __ , 2018. ______________________________ Tim Willson, Mayor ATTEST:___________________________ City Clerk 5 Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) Backyard Chicken Ordinance Presented by: Jesse Anderson, Deputy Director of Community Development Background At the City Council Open Forum multiple requests have been made by residents to allow chickens at residential homes. The Housing Commission reviewed and provides a recommendation to the City Council. The Housing Commission discussed the issue of backyard chickens extensively at their May, June, and July meetings. They reviewed similar ordinances from neighboring communities, as well as discussing the specific effects of an ordinance in Brooklyn Center. Supporters of the ordinance also were present at the Housing Commission meetings to answer questions of the Commissioners and to provide background information. Proposed Ordinance Overview No Roosters No more than 6 Hens Requires a Coop and Run Only permitted in R1 and R2 districts The Run and Coop cannot exceed 120 square feet and 6 feet in height Chicken Coop Requirements Fully enclosed and keeps the Chickens in and migratory birds out. Must be winterized Architecturally appropriate building materials Coops that exceed 30 square feet count as an accessory building Chicken Run Requirements Fully Enclosed Included overhead netting In rear yard 5 feet from lot lines 30ft from adjacent dwellings Other Requirements Must be in good repair Nuisance odors must be prevented Feed must be stored in a leak proof container Chickens must be secured inside coop at night Chickens cannot run at large No slaughter, fighting, breeding of chickens No Commercial sale of eggs Rental properties will required written permission form property owner. Enforcement In 2018, there were 9 code cases relating to chickens 5 were confirmed. The biggest challenge currently and with the new ordinance will be access to view the backyard of a property. Code Enforcement staff cannot look over fences, unless we can see over in plan site Inspectors cannot go in backyards without permission or an administrative warrant. The Housing Commission recommended the city council consider the draft ordinance The City Attorney reviewed the ordinance. If the Council concurs with the proposed ordinance, Staff would then bring it to Council for a First Reading. Questions? COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Meg Beekman, C ommunity Development Director F R O M:Xiong T hao, Housing & C ommunity S tandards S upervis or S UBJ EC T:C ons ideration of Type I V 6-Month P rovisional R ental Licens e Requested Council Action: - M otion to approve a resolution for a Type I V - 6 M onth R ental L icense for 6919 F rance Ave N Background: Budget Issues: T here are no budget is s ues to cons ider. S trategic Priorities and Values: S afe, S ecure, S table C ommunity COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust DATE: October 22, 2018 TO: Curt Boganey, City Manager THROUGH: Meg Beekman, Community Development Director FROM: Xiong Thao, Housing and Community Standards Supervisor SUBJECT: Type IV 6-Month Provisional Rental License for 6919 France Ave N Recommendation: It is recommended that the City Council consider approval of the Mitigation Plan , Resolution and issuance of a Type IV 6-Month Provisional Rental License for 6919 France Ave N. The applicant or representative has an opportunity to present evidence regarding the submitted Mitigation Plan. If the Council chooses to modify or disapprove the Mitigation Plan , it is recommended that the motion be to direct staff to prepare proposed findings for modification or disapproval of the Mitigation Plan and notify the license applicant of any pending license actions to be taken at a subsequent Council Meeting. (By ordinance, the applicant hearing is intended only to modify or approve the Mitigation Plan and is not to be used as an opportunity to modify a license type.) Background: This owner is applying for a renewal rental license. This is a single family property. The previous license was a Type IV Rental License issued on April 9, 2018, on condition of adherence to the Mitigation Plan and City Ordinances. The requirements of the Mitigation Plan were met for the previous license. However, the property qualifies for a Type IV Rental License based on nine (9) property code violations found during the initial rental inspection and zero (0) validated police nuisance incidents for the past twelve months. Therefore, according to City Ordinance, based on the number of property code violations, the license category remains a Type IV. City Ordinance Section 12-901.2 requires a licensee of a Type IV Rental License to complete Phase II of the Crime Free Housing Program. City Ordinance Section 12-914.3.c requires an owner (or authorized representative) to attend a minimum of 50 percent of Owners/Managers Association Meetings. Staff is recommending approval of the Type IV Rental License in lieu of denial, revocation or suspension because the owner is working with staff to meet the license requirements and the property is currently in compliance with the ordinance. The following is a brief history of the license process actions. Current rental license approval activities for license that expires 11/30/2018 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 03-16-2018 The owner, Benjamin Hermantin, applied for renewal of the rental dwelling license for 6919 France Ave N, a single family dwelling. 04-03-2018 An initial rental license inspection was conducted and failed. Nine property code violations were cited, see attached rental criteria. 05-15-2018 A second rental license inspection was conducted and failed. A $100 re- inspection fee was charged to the property. 05-22-2018 The $100 re-inspection fee was paid. 05-29-2018 A third rental license inspection was conducted and failed. A $100 re-inspection fee was charged to the property. 05-31-2018 The previous Type IV Rental License expired. 06-13-2018 The $100 re-inspection fee was paid. 07-13-2018 A fourth rental license inspection was conducted and failed. A $100 re-inspection fee was charged to the property. 07-16-2018 The $100 re-inspection fee was paid. 08-10-2018 A fifth inspection was conducted and passed. 08-24-2018 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 08-24-2018 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 09-13-2018 A second letter was sent to the owner notifying of qualification for Type IV 6- month provisional rental license, including additional requirements to obtain a rental license. i.e. submit mitigation plan, completion of Phases I, II and III of Crime Free Housing Program, etc. 09-28-2018 A Mitigation Plan was submitted. 10-15-2018 A letter was sent to the owner notifying that the hearing before the Council will be held October 22, 2018 Prior Type IV Rental License approval activities for license that expired on 05/31/2018: 09-06-2017 The Owner, Benjamin Hermantin, applied for renewal of the rental dwelling license for 6919 France Ave N, a single family dwelling. 09-22-2017 An initial rental license inspection was conducted and failed. 11 property code violations were cited, see attached rental criteria. 11-13-2017 A second rental inspection was conducted and failed. A $100 reinspection fee charged. 11-22-2017 The $100 reinspection fee was paid. 11-28-2017 A third rental inspection was conducted and passed. 11-30-2017 The previous rental license expired. 12-05-2017 City records indicate 0 validated police nuisance incidents occurred in the past twelve months. 12-05-2017 A letter was sent to the owner(s) notifying of qualification for Type IV 6-Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 12-15-2017 A Mitigation Plan was submitted. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 12-26-2017 A second letter was sent to the owner(s) notifying of qualification for Type IV 6- Month Provisional Rental License, including additional requirements to obtain a rental license. I.e. submit mitigation plan, completion of Phases I, II, and III of Crime Free Housing Program, etc. 02-13-2018 The Mitigation Plan was finalized. 03-30-2018 A letter was sent to the owner notifying that the hearing before the Council will be held April 9, 2018. If approved, after six months, a new rental license is required. The license process will begin immediately. The new license will be based on the property code violations found during the initial renewal license inspection and the number of validated police calls for services for disorderly activities and nuisances as defined in 12-911. The terms of the mitigation plan must also be met. Excerpt from Chapter 12 of City Code of Ordinances: Section 12-913. TYPE IV PROVISIONAL LICENSES. 1. Rental properties that meet the provisional licensing criteria as described in Section 12- 901 are eligible only for provisional licenses. 2. The City will provide by mail to each licensee a monthly report of any police and fire calls and incidents and applicable property Code violations as described in Section 12- 901. 3. Mitigation Plan. The applicant for a provisional license must submit for Council review a mitigation plan for the license period. The mitigation plan shall describe steps proposed by the applicant to reduce the number of police and fire calls and/or the property Code issues described in Section 12-901 and 12-911 to a level that qualifies for a Type I, II, or III license. The mitigation plan may include such steps as changes in tenant screening procedures, changes in lease terms, security measures, rules and regulations for tenant conduct, security personnel, and time frame to implement all phases of the Crime Free Housing Program. 4. Council Consideration. The application with a proposed mitigation plan will be presented to the City Council together with a recommendation by the City Manager or the Manager’s designee as to the disposition thereof. After giving the applicant an opportunity to be heard and present evidence, the Council shall approve, disapprove, or approve with conditions the application and the mitigation plan. If the Council disapproves an application and mitigation plan or approves it with conditions, it shall state its reasons for so doing in writing. In evaluating a mitigation plan, the Council will consider, among other things, the facility, its management practices, the nature and seriousness of causes for police and fire incidences and/or property Code issues and the expected effectiveness of measures identified in the plan to reduce the number of police and fire incidences and/or property Code violations. In evaluating a mitigation plan COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust submitted by an applicant already under a provisional license, the Council will also consider the effectiveness of measures identified in the applicant’s previous mitigation plan and the need for different or additional measures to reduce police and fire incidences and/or property Code violations. 5. Compliance with Mitigation Plan. The licensee shall comply with the mitigation plan as approved or modified by the Council. No later than the tenth day after each calendar month, the licensee shall mail or deliver to the City Manager a written report describing all steps taken in furtherance of the mitigation plan during the preceding month. Rental License Category Criteria Policy – Adopted by City Council 03-08-10 1. Determining License Categories. License categories are based on property code and nuisance violations noted during the initial or renewal license inspection or for a category verification inspection, along with excessive validated police service calls occurring over a year. License categories are performance based and more accurately depict the condition of the property and the City costs of service. 2. Fees. Fee amounts are determined by the costs of the city to license, inspect, monitor and work with the property to ensure category conditions are met. License fees do not include reinspection fees, late fees, charges for criminal or civil enforcement actions, or other penalties. 3. Category Conditions. The licensee or designated agent must meet the category conditions in the time period specified by the City. A licensee must meet all original conditions required by the License Category, even if a subsequent license category is achieved. 4. License Category Criteria. a. Property Code and Nuisance Violations . Property code violation rates will be based on the average number of property code violations per unit identified during the licensing inspection or category verification inspection. Property code violations for purposes of determining licensing categories shall include violations of property code and nuisances as defined in Chapter 12, 19, 7 and other applicable local ordinances. The City may, upon complaints or reasonable concerns that the establishment no longer complies with the license category criteria, perform a category verification inspection to the same standards as the license renewal inspection as indicated below. COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Inspections will be conducted in conjunction with established department policies. In cases where 100% of the units are not inspected, the minimum inspection standards will be established as follows: • At least 75% of units will be inspected for properties with 15 or less units. • At least 25% of units, to include a minimum of 12 units, will be inspected for properties with 16 or more units. Property Code and Nuisance Violations Criteria License Category (Based on Property Code Only) Number of Units Property Code Violations per Inspected Unit Type I – 3 Year 1-2 units 0-1 3+ units 0-0.75 Type II – 2 Year 1-2 units Greater than 1 but not more than 4 3+ units Greater than 0.75 but not more than 1.5 Type III – 1 Year 1-2 units Greater than 4 but not more than 8 3+ units Greater than 1.5 but not more than 3 Type IV – 6 Months 1-2 units Greater than 8 3+ units Greater than 3 b. Police Service Calls. Police call rates will be based on the average number of valid police calls per unit per year. Police incidences for purposes of determining licensing categories shall include disorderly activities and nuisances as defined in Section 12-911, and events categorized as Part I crimes in the Uniform Crime Reporting System including homicide, rape, robbery, aggravated assault, burglary, theft, auto theft and arson. Calls will not be counted for purposes of determining licensing categories where the victim and suspect are “Family or household members” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (b) and where there is a report of “Domestic Abuse” as defined in the Domestic Abuse Act, Minnesota Statutes, Section 518B.01, Subd. 2 (a). License Category Number of Units Validated Calls for Disorderly Conduct Service & Part I Crimes (Calls Per Unit/Year) No Category Impact 1-2 0-1 3-4 units 0-0.25 5 or more units 0-0.35 Decrease 1 Category 1-2 Greater than 1 but not more than 3 3-4 units Greater than 0.25 but not more than 1 COUNCIL ITEM MEMORANDUM Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust 5 or more units Greater than 0.35 but not more than 0.50 Decrease 2 Categories 1-2 Greater than 3 3-4 units Greater than 1 5 or more units Greater than 0 .5 0 Budget Issues: There are no budget issues to consider. Strategic Priorities: • Safe, Secure, Stable Community Attachment - Mitigation Plan - Resolution Approving a Type IV Rental License for 6919 France Ave Member introduced the following resolution and moved its adoption: RESOLUTION NO. _______________ RESOLUTION APPROVING A TYPE IV RENTAL LICENSE FOR 6919 FRANCE AVE N WHEREAS, City Ordinance Sections 12-900 to 12-916 set forth requirements for licensed rental properties; and WHEREAS, the property located at 6919 France Ave N, was issued a Type IV Rental License on April 9, 2018; and WHEREAS, the property qualifies for a Type IV Rental License based on the number of property code violations (9) and validated police nuisance incidents (zero); and WHEREAS, City Ordinance Section 12-901.2 requires a property owner who receives a Type IV Rental License to complete Phase I, II and III of the Crime Free Housing Program; and WHEREAS, City Ordinance Section 12-914.3.c establishes the requirement for Phase II of the Crime Free Housing Program including attendance at a minimum of 50 percent of Owners/Managers Association Meetings and complete security improvements; and City Ordinance Section 12-913 requires submittal of monthly updates. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota, that a TYPE IV Rental License is hereby approved for the property at 6919 France Ave N, Brooklyn Center, MN. October 22, 2018 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:An O rdinance Amending C hapters 19 and 27 of the C ity C ode R egarding P arking Requested Council Action: - M otion to approve the first reading of an ordinance amending C hapters 19 and 27 of the C ity C ode regarding parking, and call for a second reading and public hearing for N ovember 13, 2018 Background: T he C ity has received several c omplaints regarding the s torage and/or overnight parking of semi-truc ks and other c ommercial vehicles in parking lots throughout the C ity. S pecific ally, the C ity has received c omplaints regarding trucks parked for extended periods of time on the Walmart and S ears parking lots . T hough other complaints have been rec eived for other properties as well. Additionally, the C ity has had problems with inoperable vehic les being parking in EDA-owned parking lots in the C ity. T he proc es s to ticket, and in some cases, tow thes e vehic les is not c learly laid out in the C ode. T he c urrent ordinance clearly prohibits the storage and/or overnight parking of commerc ial vehic les and inoperable vehicles on res idential property; however, is les s c lear when it c omes to handling s uc h is s ues on commerc ial property or publicly-owned property. T here is a provis ion in the c ode that allows the C ity Manager to write an order related to parking restrictions, which is the mec hanis m S taff has been us ing to enforce the prohibition of this ac tivity. T he C ity Attorney has advised S taff that an amendment to the ordinanc e would be preferred. C ode enforcement s taff have been proac tively monitoring the Walmart and S ears properties. In instanc es where commerc ial vehic les , that otherwise are not there for legitimate busines s purpos es , are parked or s tored overnight, staff has informed drivers that they need to vacate the premis es . T his has been effec tive and the rate of illegitimate c ommercial vehicles on thes e lots has dec reas ed dramatically. In addition the EDA-owned lot next to Topgolf experienc ed a s ignificant amount of overnight parking, many of thes e vehic les were inoperable. T he presence of the vehicles als o c ontributed to a s ignificant amount of litter and debris loc ated in the lot. S taff, ac ting under a written order from the C ity Manager, posted the lot no parking overnight. T his too has been s uc cessful at deterring overnight parking/storage of vehic les in the lot. T he purpos e of the amendment before the C ounc il this evening is to clean up language in the ordinanc e that makes it eas ier and c learer to enforce no parking res tric tions in c ommercial areas and on publicly-owned property. T he ordinance does not prohibit the parking of vehic les on publicly owned lots, but rather allows the C ity Manager to es tablish parking restrictions on property owned by the C ity or the EDA. C urrently the C ity's practice is to allow vehic les to be parked on EDA-owned parking lots during the day provided they are parked on an improved hard s urfac e. T he issue that the C ity has experienc ed is vehicles being stored for s everal days on EDA-owned lots , s ome of which have been found to be inoperable, and the current ordinanc e does not create a clear method for dealing with this problem. Bec ause the amendment is relatively minor, S taff is asking the C ouncil to cons ider it as a first reading this evening, rather than at a work session first as would typic ally be the process. If the C ouncil wants to review the amendment further, it would not need to approve the first reading this evening, but could table it to a future meeting if needed. S trategic Priorities and Values: S afe, S ecure, S table C ommunity DRAFT 10-3-18 529584v2 JPD1 BR291-4 CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the ____ day of __________, 2018, at 7:00 p.m. or as soon thereafter as the matter may be heard at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance related to parking. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the City Clerk at 763-569-3306 to make arrangements. ORDINANCE NO. ________ AN ORDINANCE AMENDING CHAPTERS 19 AND 27 OF THE Brooklyn Center CITY CODE REGARDING PARKING THE CITY OF BROOKLYN CENTER DOES ORDAIN: Article I. Brooklyn Center City Code, Chapter 19, Section 19-103 is amended as follows: Section 19-103. PUBLIC NUISANCES FURTHER DEFINED. It is hereby declared to be a public nuisance to permit, maintain, or harbor any of the following: 1. Diseased animals, fish or fowl, wild or domestic, whether confined or running at large. 2. Carcasses of animals, fish or fowl, wild or domestic, not buried or destroyed within 24 hours after death. 3. Garbage not stored in rodent free and fly-tight containers, or; garbage stored so as to emit foul and disagreeable odors, or; garbage stored so as to constitute a hazard to public health. 4. Accumulations of rubbish as defined herein. 5. The dumping of any effluent, garbage, rubbish, wastewater, or other noxious substance upon public or private property. 6. Any open well, pit, excavation, structure, barrier or other obstruction which endangers public health, safety or welfare. 7. The pollution of any public or private well or cistern, any public stream, lake, canal, or body of water by effluent, garbage, rubbish or other noxious substance. 8. Any noxious weeds, or any other vegetation which endangers public health, safety or welfare, or which is contraband within the meaning of state or federal laws. 9. The emitting or production of dense smoke, foul odor, noise, noxious fumes, gases, soot, cinders or sparks in quantities which unreasonably annoy, injure, or DRAFT 10-3-18 529584v2 JPD1 BR291-4 endanger the safety, health, morals, comfort, or repose of any number of members of the public. 10. The public exposure of persons having a contagious disease or condition which endangers public health, safety or welfare. 11. Accumulation of junk, disused furniture, appliances, machinery, automobiles and parts thereof or any matter which may become a harborage for rats, snakes or vermin, which creates a visual blight, or which may be conducive to fire, or which endangers the comfort, repose, health, safety or welfare of the public. 12. The parking and/or storage of construction equipment, farm vehicles and equipment, or a commercial vehicle with a length greater than 21 feet, or a height greater than 8 feet, or a gross vehicle weight greater than 9,000 pounds, continuously for more than two hours on any property within a residential zoning district or being lawfully used for residential purposes or on any public street adjacent to such properties. Such equipment and vehicles shall include, but are not limited to, the following: dump trucks, construction trailers, back hoes, front- end loaders, bobcats, well drilling equipment, farm trucks, combines, thrashers, tractors, tow trucks, truck-tractors, step vans, cube vans and the like. The prohibitions of this subdivision shall not apply to the following: a) Any equipment or vehicle described above being used by a public utility, governmental agency, construction company, moving company or similar company which is actually being used to service a residence not belonging to or occupied by the operator of the vehicle. b) Any equipment or vehicle described above which is actually making a pickup or delivery at the location where it is parked. Parking for any period of time beyond the time reasonably necessary to make such a pickup or delivery and in excess of the two hour limit shall be unlawful. c) Any equipment or vehicle exceeding the above described length, height or weight limitations, but which is classified as recreation equipment as specified in Minnesota Statutes 168.011, Subdivision 25. d) Any equipment or vehicle described above which is parked or stored on property zoned residential and being lawfully used as a church, school, cemetery, golf course, park, playground or publicly owned structure provided the equipment or vehicle is used by said use in the conduct of its normal affairs. e) Any equipment or vehicle described above which is parked or stored on property which is zoned residential and the principal use is nonconforming within the meaning of Section 35-111 of the City Ordinances, provided DRAFT 10-3-18 529584v2 JPD1 BR291-4 such parking or storage is not increased or expanded after the effective date of this ordinance. 13. The outside parking and/or storage on vacant property of usable or unusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all-terrain vehicles, construction vehicles and equipment, or similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, play houses or other nonpermanent structures except as may be permitted by the Zoning or Sign Ordinances. 14. The outside parking and/or storage on occupied residentially used property of usable or nonusable vehicles, trailers, watercraft, snowmobiles, recreational vehicles, all terrain vehicles and similar vehicles, materials, supplies, equipment, ice fish houses, skateboard ramps, or other nonpermanent structures unless they comply with the following: a) Vehicles, trailers and watercraft may be parked or stored outside in any yard provided, however, if they are parked or stored in the front yard area, or a yard area abutting a public street, they must be parked or stored on an authorized parking or driveway area or a paved or graveled extension of an authorized parking or driveway area and be in compliance with Section 19-1301 through 1305 of the City Ordinances. Authorized driveways and paved or graveled extensions thereof may not exceed 50% of the front yard or a yard area abutting a public street unless approved by the City Council as part of a plan approval for an apartment complex pursuant to Section 35-230 of the City Ordinances. b) Materials, supplies, equipment other than construction or farm equipment, may be stored or located in any yard other than a front yard or a yard abutting a public street provided they are screened from public view by an opaque fence or wall at least six feet high or high enough to prevent these items from being seen from abutting property at ground level. c) All vehicles, watercraft and other articles allowed to be stored outside in an approved manner on occupied residentially used property must be owned by a person who resides on the property. (Persons who are away at school or in the military service for periods of time, but still claim the property as their legal residence shall be considered residents on the property.) d) The prohibitions of this section of the ordinance shall not apply to commonly accepted materials or equipment such as playground equipment, allowable accessory structures, flagpoles, air conditioner condensers, laundry drying equipment, arbors, trellises, properly stacked firewood and temporary storage of building materials for home improvement projects in process. DRAFT 10-3-18 529584v2 JPD1 BR291-4 15. The overnight parking of usable or nonusable vehicles in a parking lot open to the public. For the purposes of this prohibition, a parking lot open to the public is any parking lot that is accessible to the general public without the need for payment. The prohibition of this section shall not apply to any vehicle that is parked or stored in a parking lot due to an ongoing legitimate business purpose on the property. A vehicle parked in violation of this prohibition may be issued a parking citation and is subject to removal as provided in Section 27-121. Article II . Brooklyn Center City Code, Chapter 27, Section 27-120 is amended as follows: Section 27-120. PARKING RESTRICTED AND PROHIBITED. 1. No person in charge of any vehicle shall park or permit such vehicle to stand upon the roadway of any highway or street in the City of Brooklyn Center between the hours of 2 a.m. and 6 a.m., nor for more than six consecutive hours at any other time. No person in charge of any vehicle shall park or permit such vehicle to stand upon any alley in the City of Brooklyn Center at any time. 2. No person in charge of any vehicle shall park or permit such vehicle to stand upon any street, highway, parking lot or other area within the City of Brooklyn Center in violation of posted parking restrictions or traffic control devices. 3. No person in charge of any vehicle shall park or permit such vehicles or any part thereof, to stand upon a public sidewalk or upon the nonroadway area of any public street right of way. 4. The City Manager is authorized to establish and post parking restrictions for parking lots and other property owned by the City or its Economic Development Authority. Anyone parking a vehicle in violation of the posted restrictions is a violation of this code and the vehicle is subject to removal as provided in Section 27-121. 5. The Chief of Police or his/her designee may allow short-term exceptions to the above stated parking restrictions under certain circumstances if requests for such exceptions are submitted to the Police Department at least two hours prior to the time period for which the exception is requested, and if he/she determines that the granting of such exceptions will not create problems affecting the health and safety of the citizens or unduly affect traffic movements or street maintenance operations. Specific examples of events for which exceptions may be granted if all conditions are met include but are not limited to: a.) family gatherings for special events such as weddings, graduations, anniversaries, and funerals in residential areas. b.) civic events such as community celebrations and parades. c.) reconstruction or resurfacing of driveways. d.) out of state visitors with large R.V.'s. Article III. Effective Date. This ordinance shall become effective after adoption and upon thirty days following its legal publication. DRAFT 10-3-18 529584v2 JPD1 BR291-4 Adopted this ___ day of __________, 2018. _______________________________ Tim Willson, Mayor ATTEST: _________________________ City Clerk Date of Publication Effective Date (Strikeout indicates matter to be deleted, double underline indicates new matter.) COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Meg Beekman, C ommunity Development Director S UBJ EC T:R esolution Adopting Interim R egulations R elated to Elementary and S ec ondary S c hools as an Interim Use Requested Council Action: - M otion to approve a resolution adopting interim regulations for elementary and secondary school use in the C ity's commercial district on the issuance of an Interim U se P ermit Background: Brooklyn C enter C ommunity S c hools is embarking on signific ant renovations to the exis ting Brooklyn C enter Middle and High S c hool which will oc cur over the next two years . In order to acc ommodate the c onstruc tion activity, the S c hool Dis tric t has determined that they will need to reloc ate s ome students for a period of 20 months to an off site loc ation in a temporary sc hool building. T he S c hool Dis tric t has s elected the property at 5951 Earle Brown Drive, which was the former loc ation of Brown C ollege, as their preferred s ite. T he relocation will require s ome renovation of the building in order to make it s uitable for classroom and faculty us e. T he S chool D istrict has proposed to enter into a lease agreement with the owner of the property for a period of 20 months. T hey hope to relocate students by J anuary 2019, in order to maintain their construction schedule. C urrently elementary and sec ondary educational uses are not permitted in the C -2 Dis tric t or the C entral C ommerce O verlay Dis tric t, both of whic h affect the s elected site. S taff is rec ommending that, if the C ounc il wishes to allow the use, that an amendment to the Zoning C ode oc cur, whic h would allow the use with an interim us e permit (I UP ). I UP s are similar to s pecial use permits in that they require a public hearing and approval from the P lanning C ommis s ion and C ity C ounc il. F urther, the C ity C ouncil may place conditions on the approval of an I UP. Unlike a s pecial use permit, the C ity C ounc il may plac e a s uns et date on an I UP, after whic h the us e mus t be terminated. Bec ause of the S chool District's urgency in moving ahead with the work on the former Brown C ollege site, they are reques ting that the C ity C ouncil cons ider adopting a res olution that provides for interim regulations while the C ity works through the proc es s of adopting more permanent Zoning C ode Amendments . A res olution, prepared by the C ity Attorney, outlining the proposed amendments and adopting them as interim regulations is attached for the C ity C ouncil's review and c onsideration. T he proposed interim regulations would be in effect until the C ity c ould adopt permanent Zoning C ode amendments, whic h will follow the typic al proc es s . If the C ity determines that c hanges to the proposed interim regulations are required thes e c an be incorporated in to the Zoning C ode amendments whic h will go before the P lanning C ommission and C ity C ouncil at a later date. S trategic Priorities and Values: S afe, S ecure, S table C ommunity 1 539783v7 JMH BR291-16 Member _______________ introduced the following resolution and moved its adoption: CITY OF BROOKLYN CENTER RESOLUTION NO. 2018-_____ A RESOLUTION ADOPTING INTERIM REGULATIONS FOR ELEMENTARY AND SECONDARY SCHOOL USES IN THE CITY’S COMMERCIAL AND CENTRAL COMMERCE OVERLAY DISTRICTS ON THE ISSUANCE OF AN INTERIM USE PERMIT WHEREAS, in January 2019, the Brooklyn Center Community Schools (“District”) will begin significant renovations of the existing Brooklyn Center Middle and High School, and in order to accommodate the most efficient construction schedule, the District is expecting to relocate high school students at temporary locations for approximately two years; and WHEREAS, the District has identified the former Brown College building, located at 5951 Earle Brown Drive, Brooklyn Center, MN 55430, (“Brown College Building”) as a suitable location to relocate their high school classroom space on a temporary basis, but the relocation will require some renovation of the Brown College Building to be suitable for student use; and WHEREAS, the District has proposed entering into a lease with the owner of the Brown College Building and beginning renovations as soon as possible in order to have the building ready by January 2019; and WHEREAS, the Brown College Building is within the Commerce District (“C2”) under Section 35-322 of the Brooklyn Center City Code (“Code”), and while the Code already allows for nonresidential educational uses in C2, including area learning centers, post-secondary schools, business schools and trade schools, it specifically excludes public and private elementary and secondary schools; and WHEREAS, the City has reviewed the District’s plans with regard to the renovation and use of the former Brown College building and determines they do not represent a threat to the public health, safety or welfare; and WHEREAS, the City Council determines it is appropriate to similarly allow temporary school uses within the Central Commerce Overlay District (“CC”) of the City as well; and WHEREAS, the City Council is in the process of considering an amendment to the Code to allow for temporary school uses in C2 and CC with the issuance of an interim use permit; and WHEREAS, the City Council has scheduled a public hearing on the proposed amendment to the Code before its Planning Commission on October 25, 2018; and 2 539783v7 JMH BR291-16 WHEREAS, the proposed amendment would then be available for consideration of a first reading by City Council at its November 12, 2018 meeting, and for a second reading and a public hearing at its November 26, 2018 meeting; and WHEREAS, the City Council determines that it is in the best interests of the public, the District, and the District’s students to adopt interim regulations with regard to temporary school uses in property zoned C2 and CC while the ordinance proposing to establish permanent regulations works its way through the standard ordinance adoption process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center as follows: 1. The City hereby adopts the following interim regulations to authorize the District to temporarily utilize the Brown College Building in C2 as a secondary school while it constructs improvements to its school building, conditioned on the District obtaining an interim use permit from the City and complying with the regulations adopted herein and the permanent regulations. The following interim regulations also allow temporary school uses in CC with the issuance of an interim use permit. 2. Brooklyn Center City Code, Chapter 35, Section 35-310(3) regarding the R1 One Family Residence District is amended as follows: 3. Interim Uses a. Temporary classroom buildings as an accessory use to a public or private elementary or secondary school offering a regular course of study accredited by the Minnesota Department of Children, Families and Learning, subject to the following procedures and conditions: in Section 35-430. 1) Interim use permits will be issued in accordance with the procedures and subject to the conditions stated in Section 35-220. 2) At the time of granting such a permit the Council shall specify a date or event that can be identified with certainty by which the interim use must be terminated and the structure(s) shall be removed from the site. In any event, however, such interim use shall not continue beyond any date when the Council, or any other governmental body having the power of eminent domain, adopts a resolution approving acquisition of the property by eminent domain, or the zoning of the property is changed to any classification under which the interim use is no longer permitted. 3) The Council may impose any conditions on such interim use which it deems necessary or expedient to protect the public health, safety or welfare or to assure that permission for the interim use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. 3 539783v7 JMH BR291-16 No such permit shall be issued unless the applicant first agrees in writing to the imposition of any such conditions. 4) In addition to any other conditions which may be imposed by the Council, the following restrictions shall apply: aa. Applicable lot standards and sign regulations shall be observed. bb. A landscape and parking plan for the property shall be submitted and approved by the Council. cc. Unless approved by the Council pursuant to this section and section 35-220, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues. dd. Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use. ee. The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. 3. Brooklyn Center City Code, Chapter 35, Section 35-322 regarding the C2 Commerce District is amended as follows: 4. Interim Uses. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. 4. Brooklyn Center City Code, Chapter 35 is amended by adding a new Section 35-430 as follows: Section 35-430. TEMPORARY SCHOOL USES. 1. Interim Use. The use of temporary classroom buildings as an accessory use to a permanent or temporary public or private elementary or secondary school, and the use of property for a temporary public or private elementary or secondary school, allowed by this Chapter shall not occur except upon issuance of an interim use permit in accordance with the procedures and subject to the conditions stated in Section 35-220. 4 539783v7 JMH BR291-16 2. Application. An application for an interim use permit for a temporary school use allowed by this Chapter may only be submitted by an existing public or private elementary or secondary school located in the City of Brooklyn Center, offering a regular course of study accredited by the Minnesota Department of Education. The application for the interim use permit shall, in addition to the information required on the application form, include the following information. a. If the requested interim use permit is for an on-site temporary school building: (i) The number, size, and layout of any temporary classroom buildings to be located on the school site; (ii) Setbacks of any proposed temporary classroom buildings to property lines; (iii) Elevations and/or renderings of the proposed temporary classroom buildings; (iv) The number of students that will be served by the temporary classroom buildings; and (v) The reason for the need for temporary classroom buildings and the length of time they will be in use. b. If the requested interim use permit is for an off-site temporary school: (i) The location of the proposed temporary school; (ii) The number of students and faculty that will occupy the school; (iii) A transportation plan, which includes bus times and routes, number of buses, number of anticipated drop-offs, and drop-off locations; (iv) A parking and circulation plan; (v) The reason for the need for the temporary school and the length of time it will be in use; and (vi) If exterior modifications to the building are proposed, elevations and/or renderings of the proposed changes. 3. Issuance. An application for an interim use permit for a temporary school use shall be processed in accordance with Section 35-220, except that the following additional standards shall also be considered: a. The proposed use must conform to the regulations in this Chapter; 5 539783v7 JMH BR291-16 b. The date or event that will terminate the use can be identified with certainty; c. Allowing the use will not impose additional costs on the public if it is necessary for the public to take the property in the future; and d. The applicant agrees to the conditions the City Council imposes on the use. 4. Conditions. The City Council may impose any conditions on the interim use permits it issues as it deems are necessary or expedient to protect the public health, safety or welfare, or to ensure the use will not impose additional costs on the public if it is necessary or expedient to take the property in the future. Every interim use permit shall identify the date or event that will terminate the permit. The applicant shall either expressly agree in writing to the conditions imposed on the interim use permit or shall be deemed to have agreed to all such conditions without exception or reservation if the applicant undertakes the use allowed by the permit. 5. Performance Standards. In addition to any conditions placed on an interim use permit by the City Council, the following restrictions shall apply to interim use permits issued for a temporary school use. a. For temporary classroom buildings: (i) Applicable lot standards and sign regulations shall be observed; (ii) A landscape and parking plan for the propert y shall be submitted and approved by the Council; (iii) Unless approved by the Council, no new buildings may be erected on the property and no existing buildings may be expanded while the interim use continues; (iv) Temporary classrooms may be used for classrooms only and may not be used for storage or converted to another use; and (v) The total square footage of temporary classrooms on any one site shall not exceed 2000 square feet. b. For temporary schools: (i) Applicable lot standards and sign regulations shall be observed; (ii) A parking and circulation plan shall be submitted and approved by the Council; and 6 539783v7 JMH BR291-16 (iii) Unless approved by the Council, no new buildings may be erected and no existing buildings may be expanded on the property while the interim use continues. 6. Renewal. An application to renew an interim use permit for a temporary school use shall be submitted no fewer than 90 days prior to the termination of the existing permit, and processed in the same manner as a new application. 5. Brooklyn Center City Code, Chapter 35, Section 35-2240 regarding the CC Central Commerce Overlay District is hereby amended as follows: 3. Interim Uses. The following uses are allowed in the CC Central Commerce Overlay District with the issuance of an interim use permit. a. Temporary public and private elementary and secondary schools offering a regular course of study accredited by the Minnesota Department of Education, subject to the procedures and conditions in Section 35-430. 4. The following uses are not permitted in the CC Central Commerce Overlay District: a. sauna establishments b. massage establishments c. currency exchanges d. pawn shops e. secondhand goods dealers 45. The following area is hereby established as being within the CC Central Commerce Overlay District: The CC Central Commerce Overlay District is located within the area bounded by a continuous line beginning at a point located at the intersection of John Martin Drive and T.H. 100 and going southwesterly along the 6. These interim regulations shall go into effect immediately and shall remain in effect for 120 days or upon the effective date of the proposed amendment to the Code, whichever occurs first. 7 539783v7 JMH BR291-16 October 22, 2018 Date Tim Willson, Mayor ATTEST: Barbara Suciu, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. COU N C IL ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:N/A F R O M:Adminis tration S UBJ EC T:R eminder of S now Event P arking O rdinance Effective November 4 Requested Council Action: Background: Just a reminder that beginning November 4, 2018 there is no on-street parking at any hour during a snow event of 2 1/2 inches or more until the roads are plowed curb to c urb. Enforc ement of the other ordinance will inc lude is s uance of a citation as well as towing the vehic le to allow for s now plowing. T his ordinanc e is in effect whenever s now fall meets or surpas s es 2 1/2 inches . E conomic Development Authority City Hall Council Chambers October 22, 2018 AGE NDA 1.Call to Order The City Council requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Counc il packet, including E D A (E conomic Development Authority ), is available to the public. The packet ring binder is located at the podium. 2.Roll Call 3.Approval of Consent Agenda The following items are considered to be routine by the Economic Development A uthority (E D A) and will been acted by one motion. T here will be no separate discussion of these items unless a C ommissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration I tems. a.Approval of Minutes - Approval of minutes from October 8, 2018 b.Resolution A uthorizing L ease E xtension for Brooklyn B ridge Alliance for Youth at Earle Brown Heritage Center I t is recommended that the E conomic Development Authority consider a lease extension for the B rooklyn Bridge A lliance for Youth, for continued use of the Earle Brown Heritage Center Farm House 4.Commission Consideration Items 5.Adjournment ED A ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Dr. R eginald Edward, Deputy C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:Approval of Minutes Background: 10/08/18 -1- DRAFT MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION OCTOBER 8, 2018 CITY HALL – COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to order by President Tim Willson at 9:16 p.m. 2. ROLL CALL President Tim Willson and Commissioners Marquita Butler, April Graves, Kris Lawrence- Anderson, and Dan Ryan. Also present were Executive Director Curt Boganey, Deputy Executive Director Reggie Edwards, Business and Workforce Development Specialist Brett Angell, City Attorney Troy Gilchrist, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Butler seconded to approve the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. July 23, 2018 – Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2018-13 AUTHORIZING THE ACQUISITION OF PROPERTY LOCATED AT 5355 EMERSON AVENUE N. FROM HENNEPIN COUNTY TAX FORFEITED LANDS Executive Director Curt Boganey introduced Business and Workforce Development Specialist Brett Angell to present this item. Business and Workforce Development Specialist Brett Angell explained the single-family home at 5355 Emerson Avenue N. was damaged by fire in 2013 and vacant until it was torn down in 2015. Prior to demolition, the property fell into disrepair so the City abated the property and costs to demolish the home were assessed to the property taxes. 10/08/18 -2- DRAFT Mr. Angell displayed colored pictures depicting site conditions and described the property as being a total of .12 acres with a lot size of approximately 40 feet wide and 130 feet deep. It is zoned R1: Single Family Residential and guided to be redeveloped into single family. He reviewed the costs, noting the total price for acquisition of the lot from Hennepin County Tax Forfeited lands is $27,228.55. Mr. Angell stated if approved, the EDA will purchase the property with Tax Increment Financing 3 Housing Funds, combine it with the property to the north, 5357 Emerson Avenue N, and sell it for redevelopment into a single-family home. The combined lot would be 80 feet wide and 130 feet deep with a total square footage of 10,400 sf, which exceeds lot requirements. Mr. Angell displayed a slide showing the building envelope when complying with required setbacks. Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO. 2018-13 Authorizing the Acquisition of Property located at 5355 Emerson Avenue (PID 01-118- 21-33-011) from Hennepin County Tax Forfeited Land. Motion passed unanimously. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adjournment of the Economic Development Authority meeting at 9:24 p.m. Motion passed unanimously. ED A ITEM MEMOR ANDUM DAT E:10/22/2018 TO :C urt Boganey, C ity Manager T HR O UG H:Jim G lasoe F R O M:Jim G lasoe S UBJ EC T:R esolution Authorizing Leas e Extens ion for Brooklyn Bridge Allianc e for Youth at Earle Brown Heritage C enter Background: S inc e the closing of the “Inn on the F arm” more than a dec ade ago, s taff had been attempting to leas e the former F arm House s pace at the Earle Brown Heritage C enter. With no luc k in s ecuring a tenant, in S eptember 2013, the spac e was leased to the Brooklyn Bridge Allianc e for Youth for their operations. T he spac e was provided free of charge, as long as the EDA incurred minimal expense for any s pace conversion. T hat leas e has now expired and the attac hed leas e extends the agreement for another two years. Like before, the new leas e does not include any charges for the s pace, but does include c leaning and maintenance res ponsibilities , along with updated language regarding ins urance requirements. Budget Issues: As there is no charge for the leas e, there are no budget is s ues to cons ider. H owever, the lease does reflect $60,800 in annual “opportunity costs”. S trategic Priorities and Values: Inclus ive C ommunity Engagement 1 538853v2 SJS BR305-147 LEASE THIS INDENTURE (the “Lease”) made and entered into on this 1st day of November, 2018, by and between Economic Development Authority of the City of Brooklyn Center, a public body corporate and politic under Minnesota law, whose address is c/o General Manager, Earle Brown Heritage Center, 6155 Earle Brown Drive, Brooklyn Center, MN 55430 (referred to as "Landlord") and Brooklyn Bridge Alliance for Youth, a joint powers entity, whose address is 6150 Summit Drive, Suite 200, Brooklyn Center, MN 55430 (hereinafter referred to as "Tenant"). WITNESSETH: ARTICLE I – BASIC LEASE PROVISIONS 1.1 LANDLORD: Brooklyn Center Economic Development Authority 6155 Earle Brown Drive Brooklyn Center, MN 55430 1.2 TENANT: Brooklyn Bridge Alliance for Youth 6150 Summit Drive North, Suite 200 Brooklyn Center, MN 55430 1.3 DEMISED PREMISES: 6150 Summit Drive North, Suite 200, Brooklyn Center, MN 55430, more specifically identified on Exhibit A attached hereto, and located within the complex known as the Earle Brown Heritage Center (“Center”). 1.4 ORIGINAL TERM: Two (2) years. 1.5 TERM COMMENCEMENT DATE: November 1, 2018 1.6 RENT COMMENCEMENT DATE: October 31, 2020 1.7 BASE RENT: Sixty thousand, eight hundred and forty dollars ($60,840.00 per annum). Rent will be provided by the Brooklyn Center Economic Development Authority and the City of Brooklyn Center as an in-kind contribution. 2 538853v2 SJS BR305-147 ARTICLE II - GRANT; TERM AND EXTENSION OPTIONS 2.1 DEMISED PREMISES; COMMON AREAS. In consideration of the rents, covenants and agreements herein reserved and contained on the part of Tenant to be performed, Landlord does hereby lease to Tenant the office space designated as Suite 200, consisting of 3,011 square feet and located on the parcel of land at 6150 Summit Drive North, Brooklyn Center, Minnesota, County of Hennepin, State of Minnesota legally described on Exhibit A attached hereto (hereinafter referred to as the "Demised Premises"). As part of the lease of the Demised Premises, Landlord hereby leases to Tenant all fixtures and equipment located in or on the Demised Premises. Throughout the term of this Lease, Tenant shall have: (a) the exclusive right to use the leasehold improvements in the Demised Premises; and (b) the non-exclusive right to use the parking lot located south of the Demised Premises and sidewalks between the Demised Premises and parking lot, in common with Landlord and other tenants of the Center and their respective agents, employees, and invitees. Tenant’s non-exclusive use of the sidewalks and parking lot shall be subject to such reasonable limitations as Landlord may from time to time impose, as long as such limitations do not interfere in any material respect with Tenant’s rights to obtain access to the Demised Premises. 2.2 TERM COMMENCEMENT. The term of this Lease shall commence upon November 1, 2018 and the lease shall expire on October 31, 2020 (the “Term Expiration Date”), subject to termination as provided in section 2.3 below. 2.3. TERMINATION BY NOTICE. Either party may terminate this Lease by giving written notice to the other party at least 120 days in advance of the date of termination. ARTICLE III - RENT 3.1 RENT COMMENCEMENT. Tenant’s obligation to pay rent will commence on Rent Commencement Date. 3.2. RENT. Following the Rent Commencement and during the term hereof Tenant agrees to pay to Landlord at Earle Brown Heritage Center, 6155 Earle Brown Drive, Brooklyn Center, Minnesota 55430 or at such other place as the Landlord may from time to time designate in writing, "base rent" for the Demised Premises as set forth at Section 1.8 above. Such payments shall be made in advance on the first of each month, without deduction or set-off. Rent for any partial month shall be pro-rated. 3.3 ADJUSTMENTS TO RENT. Per an agreement with the Brooklyn Center Economic Development Authority, all rental fees for the duration of this agreement shall be considered as an in-kind donation from the Brooklyn Center Economic Development Authority and the City of Brooklyn Center. 3.4 ADDITIONAL RENT. Any other charges to be paid by the Tenant pursuant to the provisions of any other sections of this Lease shall be designated as "additional rent". For convenience, Tenant may include payment for such charges and the "base rent" in one monthly check, provided all "additional rent" items are shown separately from "base rent" thereon. Such 3 538853v2 SJS BR305-147 "additional rent" shall not for any reason be considered as "base rent" as hereinabove defined. Failure of Tenant to pay "additional rent" shall give Landlord the right to declare an event of default. 3.5 RENT DELINQUENCIES. Should the Tenant, for any reason whatsoever, fail to pay, when the same is due and payable, any "base rent" and/or "additional rent" and should said rent not be paid within ten (10) days of due date, Tenant shall pay a late penalty equal to five percent (5%) of total rents due. In addition, all unpaid rents shall bear interest from the date due to the date of payment at the rate of two percent (2%) per annum in excess of the prime rate as quoted by US Bank, N.A. to its best customers, or the highest rate permitted by law, whichever is less. 3.6 NET-NET LEASE. This is a net-net lease; “base rent” shall be net of all costs and expenses of owning and operating the Demised Premises, including maintenance and insurance, except as provided at Sections 7.1 and 10.2 of this Lease. Tenant shall have no right of set-off or reduction with respect to any rent or payment due under this Lease except as provided in this Lease. Base rent, additional rent, and any other monetary obligation of Tenant herein are sometimes called "rent" in this Lease. ARTICLE IV – CONSTRUCTION AND ACCEPTANCE OF DEMISED PREMISES 4.1 Tenant accepts the Demised Premises as ready for occupancy. 4.2 NO WARRANTY OF CONDITION OF PREMISES. Landlord makes no warranties or representations of any kind in connection with the quality or condition of the Demised Premises, and Tenant shall rely solely upon any prior inspections Tenant may have made in connection with the transaction contemplated by this Lease. Tenant acknowledges for Tenant and its successors and assignees, (A) that Tenant will be given a reasonable opportunity to inspect and investigate the Demised Premises, all improvements thereon and all aspects relating thereto, either independently or through agents and experts of Tenant's choosing, and (B) that Tenant is leasing the Demised Premises based upon Tenant's own investigation and inspection thereof following the completion of Landlord's Work and subject to Tenant's reasonable punch list. Landlord and Tenant agree that (except as otherwise specifically provided herein) the Demised Premises is leased and that Tenant accepts possession of the Demised Premises as of the Term Commencement Date “As Is, Where Is, With All Faults” with no right of set-off or reduction in rent subject to the provisions of this Lease. ARTICLE V – TAXES AND SPECIAL ASSESSMENTS 5.1 TAXES AND SPECIAL ASSESSMENTS. Provided that Tenant shall timely make all payments of rent required hereunder, Landlord shall pay before delinquent all real estate taxes and installments of special assessments with respect to the Demised Premises due and payable during the term of this Lease. 5.2 PERSONAL PROPERTY TAXES. Tenant shall pay before delinquency all taxes, assessments, license fees, and other charges that are levied and assessed against Tenant’s 4 538853v2 SJS BR305-147 personal property installed or located in or on the Demised Premises and that become payable during the term of this Lease. ARTICLE VI - USE OF PREMISES 6.1 TENANT’S USE. During the term of this Lease, the Demised Premises shall be used solely for the purpose of offices. 6.2 COMPLIANCE WITH LAWS AND REGULATIONS. (a) Tenant covenants and agrees that at all times during the term hereof it will maintain and conduct its business insofar as the same relates to the occupancy of the Demised Premises in such a manner and under such regulations that are in strict compliance with any and all applicable governmental and/or quasi-governmental laws, rules, regulations and orders, as well as any and all applicable provisions of insurance underwriters at the Demised Premises. Tenant shall indemnify Landlord, Landlord's insurer, and the property of Landlord against any and all claims or losses or actions or causes of action resulting from Tenant's failure to comply with said laws, rules, regulations and orders and underwriting provisions. (b) Tenant hereby agrees to provide any required public accommodations and to conduct its business as it relates to the occupancy of the Demised Premises in accordance with the Americans with Disabilities Act (“ADA”), codified at 42 U.S. § 12101 et seq. Failure to do so shall operate as an event of default and a breach of the Lease. Landlord shall be responsible for maintaining the physical structure of the Demised Premises in a manner that complies with the public accommodations requirements of the ADA (e.g., accessible entry doors and restroom facilities). Tenant shall be responsible for complying with the public accommodation requirements of the ADA associated with the activities it conducts within the Demised Premises including, but not limited to, providing for each of the following: (1) The “readily achievable” removal of physical barriers within the areas utilized by the Tenant which the Tenant would otherwise create (e.g., set-up of exhibits in an accessible manner and meeting room set up) and not controlled or mandated by Landlord; (2) The provision of auxiliary aids, devices, and services where necessary to ensure effective communication of Tenant’s operations and services to disabled participants and as needed to ensure that no disabled individual is treated differently than any other individuals participating in Tenant’s programs, events, or operations conducted within the Demised Premises (e.g., Braille or enlarged print handouts, specific seating requirements, listening devices, interpreter, or simultaneous video/text display); and (3) The modification of the Tenant’s policies, practices, and procedures applicable to participants as required to enable disabled individuals to participate equally in Tenant’s programs, events, or operations conducted within the Demised Premises. 5 538853v2 SJS BR305-147 6.3 AFFIRMATIVE COVENANTS OF TENANT. Without in any way limiting or restricting other covenants of Tenant elsewhere in this Lease contained, the Tenant affirmatively covenants and agrees as follows: (a) Tenant shall neither permit or suffer and conduct, noise, odor or other nuisance in, on or about said Demised Premises to annoy or disturb any persons occupying adjacent premises or common areas; (b) Tenant shall keep the Demised Premises, including all service and/or loading areas for the Demised Premises, free from all litter, dirt and obstructions; (c) Tenant shall arrange for and accept deliveries only at such times, in the areas, and through the entrances designated for such purpose by Landlord; (d) Tenant shall keep said Demised Premises clean and in the sanitary condition required by ordinance and regulations of any governmental or quasi-governmental unit having jurisdiction; (e) Tenant shall neither permit nor suffer the Demised Premises, or the walls, ceilings or floors thereof to be endangered by overloading; (f) Tenant shall not use or permit the Demised Premises to be used for any purpose or purposes other than that set forth in Section 6.1 hereof; (g) Tenant will control its patrons to prevent drunken, unruly or obnoxious behavior. ARTICLE VII - MAINTENANCE AND REPAIRS 7.1 LANDLORD’S MAINTENANCE AND REPAIR OBLIGATIONS. Subject to Article 11, Landlord shall operate, maintain and make all necessary repairs and replacements to: (a) the structural portions of the Building, (b) the exterior walls of the Building, including glass and glazing, (c) the roof, (d) exterior windows, (e) mechanical, electrical, plumbing, life safety, heating, venting, air conditioning and other building systems, (f) sidewalks, parking areas and landscaped areas adjacent to the Demised Premises; and (g) damage (other than casualty damage) caused by the negligence or willful misconduct of Landlord or its agents, employees or contractors, in each case, throughout the Term. The repair and replacement obligations of Landlord following damage to or destruction of the Demised Premises as a result of condemnation or casualty are governed by Article 11, not by this Section 7.1. 7.2 TENANT’S MAINTENANCE AND REPAIR OBLIGATIONS. Subject to: (a) reasonable wear and tear (but only to an extent consistent with the Demised Premises remaining in good condition and repair); (b) casualty damage for which it is not the responsibility of Tenant to perform restoration or repair in accordance with this Lease; (c) damage (other than casualty damage) caused by the negligence or deliberate misconduct of Landlord or Landlord’s agents, employees or contractors; (d) damage that is covered by the property and casualty insurance policy or policies on the Demised Premises required to be maintained by Landlord under this 6 538853v2 SJS BR305-147 Lease (or would be covered if Landlord were maintaining such insurance) (to the extent actually covered, taking into account the deductibles, policy limits and exclusions of such insurance policies); (e) damage that is Landlord’s obligation under this Lease to remedy or that results from Landlord’s failure to fulfill such obligations; and, (f) damage to the interior of the Demised Premises resulting from causes outside the Demised Premises other than Tenant’s acts or omissions; Tenant shall routinely clean, maintain, and make non-structural repairs to, the Demised Premises and keep the same in good condition and repair, consistent with other Earle Brown Heritage Center facilities. Subject to the preceding sentence, Tenant’s obligation shall include the obligation to routinely clean, maintain and repair all nonstructural walls; floor coverings; ceilings; partitions, and all other fixtures, appliances and facilities furnished by Landlord or Tenant within the Demised Premises, and shall also include the obligation to repair all damage caused by the negligence or deliberate misconduct of Tenant, its agents, employees, invitees and licensees to the Demised Premises, whatever the scope of the work of maintenance or repair required. Subject to Article 11, nothing contained in this Section 7.2 shall be deemed to impose upon Tenant the obligation to perform work, cleaning, maintenance or repair to the extent required by reason of Landlord’s negligence, willful misconduct or wrongful acts or those of Landlord’s agents, employees or contractors. 7.3 SURRENDER OF PREMISES. At the expiration or termination of this Lease, Tenant shall surrender the Demised Premises in the same condition as existed on the Term Commencement Date, ordinary wear and tear excepted. All fixtures which have become attached shall be part of the Demised Premises, except trade fixtures. Further, within ninety (90) days prior to the expiration of the term or termination of this Lease, Landlord shall during reasonable business hours, have the right to show the Demised Premises to third parties for the purposes of again leasing same. ARTICLE VIII – UTILITIES AND SIGNAGE 8.1 UTILITIES PROVIDED BY LANDLORD. Subject to Sections 8.3 and 8.4, Landlord shall cause public utilities and/or public agencies to furnish to the Demised Premises the following utility services: gas for heat, electricity, domestic water, and sewer; and, Landlord shall timely pay the bills for those services. Tenant shall have no obligation to reimburse Landlord for utilities. 8.2 TELECOMMUNICATIONS. Landlord shall provide phone and wireless internet services for the duration of this agreement. Tenant shall pay for any additional telecommunications services needed for use in the Demised Premises. 8.3 SUPPLY OF UTILITY SERVICES. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electricity, water, sewer, or gas furnished by reason of any change, requirement, act, neglect or omission of the public utility serving the Demised Premises or for any reason not attributed to Landlord. 8.4 INTERRUPTION OR DISCONTINUANCE OF LANDLORD'S SERVICE. Tenant agrees that Landlord shall not be liable for failure to supply any service when Landlord uses reasonable diligence to supply the same, it being understood that Landlord reserves the right to 7 538853v2 SJS BR305-147 temporarily discontinue such services, or any of them, at such times as may be necessary by reason of accident, unavailability of employees, failure of supply, repairs, alterations or improvements, or by reason of fire, strikes, flood, lockouts, riots, acts of God or any other happening beyond the reasonable control of Landlord. When Landlord causes services to be rendered by independent third parties, Landlord shall have no liability for the performance thereof or liability therefor. 8.6 GARBAGE AND REFUSE COLLECTION. All garbage and refuse shall be placed in containers provided by Landlord for that purpose on the grounds of the Center. 8.7 SIGNAGE. Tenant may not install any signs, numerals, letters or other graphics on the exterior of, or which may be visible from outside the Demised Premises, without Landlord’s prior written approval, which approval may not be unreasonably withheld. Landlord shall install said approved signage at Tenant’s expense in a place mutually agreed upon by Landlord and Tenant. ARTICLE IX - ALTERATIONS 9.1 ALTERATIONS. Tenant may, from time to time during the term, make, at its own cost and expense, any alterations or changes in the interior of the Demised Premises in good and workmanlike manner in compliance with all applicable requirements of law, provided Tenant follows the notice procedure and obtains Landlord's consent where required, all in accordance with this Article. Landlord agrees to cooperate with Tenant for the purpose of securing necessary permits for any changes, alterations, or additions permitted under this section without expense to the Landlord. Upon completion of such alterations, Tenant shall present to Landlord a copy of the endorsement to Tenant's fire and extended coverage insurance policy which endorsement shall incorporate said alterations into the policy. All costs of any such work shall be paid promptly by Tenant so as to prevent the assertion of any liens for labor or materials. Tenant agrees to advise Landlord in writing of the date upon which such alterations will commence in order to permit Landlord to post notice of non-responsibility. 9.2 NOTICE TO LANDLORD. Prior to the initiation of any alterations, Tenant shall give Landlord written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and material men to be utilized. After receipt of said notice, Landlord shall have a reasonable period of time during which it shall make a determination, in its sole discretion, as to whether or not the proposed work would create a structural or design change at the Demised Premises. Tenant shall provide Landlord upon request with any further information reasonably necessary for such determination by Landlord, and Tenant shall not commence work or accept materials prior to receiving written notice of Landlord's determination. If Landlord determines that the proposed work would create a structural or design change, then the same must be approved in writing by Landlord prior to the commencement of any work or the delivery of any materials therefor. ARTICLE X – INSURANCE, RELEASE, INDEMNIFICATION 10.1 TENANT’S INSURANCE. Tenant shall carry liability coverage of no less than $1,000,000 per occurrence, and shall name the City of Brooklyn Center EDA as additional 8 538853v2 SJS BR305-147 insured. In addition, Tenant may carry, at its discretion and expense, insurance against fire, vandalism, and malicious mischief insuring Tenant’s trade fixtures, furnishings, equipment, and all other items of personal property of Tenant located on or within the Demised Premises. 10.2 LANDLORD’S INSURANCE. Landlord shall, during the term of this Lease, keep in force and effect a policy of property damage insurance on and for the Demised Premises to cover the same against loss or damage occasioned by fire, vandalism, and malicious mischief, and such other hazards as may be occasioned by Landlord’s ownership of the Demised Premises, with coverage of not less than one hundred percent (100%) of the full insurable value of the Demised Premises. To the extent the insurance maintained by Landlord in accordance with this Section 10.2 overlaps with the insurance to be maintained by Tenant pursuant to Section 10.1(b), above, Tenant’s insurance shall be primary. 10.3 PROTECTION FROM SUBROGATION. Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the Demised Premises or the adjoining of properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation of the Demised Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused by the negligence or other fault of Landlord or Tenant or of their respective agents, employees, subtenants, licensees or assignees to the extent that such business interruption or loss or damage to property or injury to or death of person is covered by or indemnified by proceeds received from insurance carried by other party (regardless of whether such insurance is payable to or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its agents, employees, subtenants, licensees and assignees, for any such loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from any such insurance, or for which reimbursement is otherwise received. Landlord's and Tenant's respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured's written waiver prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the above and foregoing events; save and except as to any such damages caused by the willful or wanton conduct of Landlord, its agents or employees, provided such damages are not recoverable by Tenant pursuant to the insurance policies required to be provided by Tenant under this Lease or otherwise. 10.4 RELEASE. Each party hereto ("Releasing Party") hereby releases the other ("Released Party") from any liability which the Released Party would, but for this paragraph, have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: (a) which is or would be covered by a fire and extended coverage policy (with vandalism and malicious mischief endorsement attached) or by a sprinkler leakage or water damage policy in the state in which the Demised Premises is located 9 538853v2 SJS BR305-147 regardless of whether or not such coverage is being carried by the Releasing Party, and (b) to the extent of recovery under any other casualty or property damage insurance being carried by the releasing Party at the time of such accident or occurrence or casualty, which accident or occurrence or casualty may have resulted in whole or in part from the act of neglect of the Released Party, its officers, agents or employees, provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party contracts for the insurance required to be carried under the terms of this Lease with an insurance company which: (1) Takes the position that the existence of such release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Party at the time coverage is bound, or (2) Requires the payment of a higher premium by reason of the existence of such release, unless in the latter case the Released Party within ten (10) days after notice thereof before coverage is bound from the Releasing Party pays such increase in premium. 10.5 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of Landlord or its agents, Tenant shall indemnify and defend Landlord against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life, personal injury, and/or damage to property arising out of any occurrence in, upon or at the Demised Premises, or the occupancy or use thereof by Tenant, or occasioned wholly or in part by any act or omission of Tenant, its agents, employees, contractors, sublessees, concessionaires or licensees. ARTICLE XI - DESTRUCTION AND RESTORATION 11.1 RESTORATION OPTION IF MORE THAN 30% DAMAGED. If the Demised Premises shall be damaged to the extent of thirty percent (30%) or more of the cost of replacement thereof or damaged by any uninsured casualty, Landlord shall have the option to rebuild or to terminate this Lease by exercise of notice to Tenant given not more year from the date of such damage. 10 538853v2 SJS BR305-147 11.2 RESTORATION OPTION IF LESS THAN 30% DAMAGED. (a) If the Demised Premises shall be damaged to the extent of less than thirty percent (30%) of the cost of replacement by fire or other casualty covered by Landlord's policy of fire coverage insurance during the term of this Lease the base rental herein shall abate as of the date of the occurrence in accordance with the provisions of Section 11.2(b), and the Landlord shall restore the Demised Premises. If such an event occurs during the last one (1) year of this Lease or extension thereof, then Landlord shall have the option to rebuild or terminate this Lease to be exercised by notice to Tenant given not more than six (6) months from the date of such damage. (b) In the event of such partial destruction or damage whereby Tenant shall be deprived of occupancy and use for only a portion of the Demised Premises, then "base rent" shall be equitably apportioned according to the area of the Demised Premises which is unusable by Tenant from the date of occurrence, until such time as the Demised Premises are repaired or restored as provided herein. 11.3 TOTAL DESTRUCTION. In the event of total destruction of the Demised Premises, Tenant's rent shall completely abate from the date of such destruction. If Landlord elects to rebuild as aforesaid, Tenant's rent shall completely abate from the date of such destruction until forty-five (45) days after the date when Landlord notifies Tenant that the shell of the Demised Premises is ready for commencement of Tenant's work, or upon the day when Tenant opens for business, whichever event shall first occur. 11.4 ADDITIONAL HAZARDS. Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Demised Premises or bring in anything or keep anything therein which shall cause the cancellation of Tenant's insurance policies, or increase the rate of insurance, on the Demised Premises above the standard rate on said premises and building. Tenant further agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due and payable as "additional rent" hereunder. At Tenant's request, Landlord shall make available for Tenant's inspection during regular business hours, all documents pertaining to Landlord's calculation of Tenant's "additional rent" required under this section. Said "additional rent" shall be due and payable as billed by Landlord. 11.5 NOTICE. Tenant shall give immediate written notice to Landlord of any damage caused to the Demised Premises by fire or other casualty; or of any cancellation or reduction of Tenant's insurance coverage required pursuant to this Lease. 11.6 ABATEMENT. Tenant agrees that during any period of reconstruction or repair of the Demised Premises. it will continue the operation of its business within the Demised Premises to the extent practicable. If Landlord is required to repair and rebuild, then during the period from the occurrence of the casualty until Landlords repairs are completed, the "base rent" set forth herein shall be reduced to such extent as may be fair and reasonable under the circumstances; however, there shall be no abatement of the other charges provided for herein. 11 538853v2 SJS BR305-147 ARTICLE XII -EMINENT DOMAIN 12.1 PARTIAL OR TOTAL CONDEMNATION. If the whole or any part of the Demised Premises or the structure encompassing same shall be taken by any public authority under the power of eminent domain, the Tenant shall have no claim to, nor shall Tenant be entitled to, any portion of any award, for damages or otherwise. In the event only a portion of the Demised Premises are taken, the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the Demised Premises so that the Tenant shall be required to pay for the balance of the term that portion of the rent reserved which the value of the part of the Demised Premises remaining after condemnation bears to the value of the Demised Premises immediately prior to the date of condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by arbitration or legal proceedings, but pending such determination the Tenant shall pay at the time and in the manner above provided the rental herein reserved and all other charges herein required to be paid by the Tenant, without deduction, and upon such determination, the Tenant shall be entitled to credit for any excess rentals paid. If, however, by reason of the condemnation there is not sufficient space left in the Demised Premises for the Tenant to reasonably conduct business; then, in such event, the Lease shall terminate. Although all damages in the event of condemnation belong to Landlord whether awarded as compensation for diminution in value of the leasehold or to the fee of the Demised Premises, nothing herein shall be construed to prevent Tenant to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right for its leasehold interest. ARTICLE XIII - ASSIGNMENT AND SUBLETTING 13.1 CONSENT REQUIRED. Tenant may not assign this Lease and/or sublet the Demised Premises. ARTICLE XIV - TENANT'S DEFAULT 14.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Tenant under this Lease: (a) Tenant shall fail to pay when due any installment of rent, or other charges provided herein, or any portion thereof and the same shall remain unpaid for a period of three (3) days after the same has become due; or (b) Tenant shall for reasons other than those specifically permitted in this Lease, cease to conduct its normal business operations in the Demised Premises or shall vacate or abandon the Demised Premises. Tenant will be deemed to have vacated, closed or abandoned the Demised Premises if it fails to conduct its business on the Demised Premises during regular working hours for a period or more than ten (10) consecutive business days; or 12 538853v2 SJS BR305-147 (c) Tenant shall do or permit to be done anything which creates a lien upon the Demised Premises; and does not cause said lien as to Landlord's interest in the property to be released within ten (10) days after written notice from Landlord; or (d) Any representation or warranty made in writing to Landlord in this Lease or in connection with the making of this Lease, by Tenant or any guarantor, shall prove at any time to have been incorrect in any material respect when made or becomes incorrect; or (e) Tenant or any guarantor shall make an assignment for the benefit of creditors, for a petition in bankruptcy, be adjudicated insolvent or bankrupt or admit in writing the inability to pay debts as they mature, petition or apply to any tribunal for the appointment of a receiver, trustee or similar officer for Tenant or any guarantor or a substantial part of the assets of Tenant or any guarantor, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or if there shall have been filed any such petition or application, or any such proceeding shall have been commenced against Tenant or any guarantor, which remains undismissed for a period of thirty (30) days or more; or Tenant or any guarantor by any act or omission shall indicate their consent to, approval of or acquiescence in any such petition, application or proceeding, or the appointment of a receiver of or any trustee or similar officer for Tenant or any guarantor or any substantial part of any of the properties of Tenant or any guarantor, or shall suffer any such receivership or trusteeship to continue undischarged for a period of thirty (30) days or more; or any judgment, writ, watt ant or attachment or execution or similar process shall be issued or levied against a substantial part of the property of Tenant or any guarantor and such judgment, writ, or similar process shall not be released, vacated or fully bonded within thirty (30) days after its issue or levy; or (f) Tenant shall have failed to comply with any other provisions of this Lease and shall not cure any failure within thirty (30) days, or such longer period of time as may be reasonably required to cure such default, after Landlord, by written notice, has informed Tenant of such noncompliance. 14.2 LANDLORD'S REMEDIES. Upon the occurrence of any of the above-lettered events of default, Landlord shall give Tenant written notice of the default, and Tenant shall have thirty (30) days or such other period as provided under section 14.1 above to cure such default. If the default is not cured within the applicable cure period, Landlord may elect to either, (1) terminate this Lease; or (2) terminate Tenant's right to possession only without terminating this Lease, hereinafter referred to as re-entry; (3) pursue any other remedy available at law or in equity. Landlord shall have all remedies provided in the Lease and under governing law. All of the remedies given to Landlord in this Lease or by law shall be cumulative, and the exercise of one right or remedy by landlord shall not impair its right to exercise any other right or remedy. 13 538853v2 SJS BR305-147 In the event of election under (2) above to terminate Tenant's right to possession only, Landlord may, at Landlord's option, proceed to demand possession by notice and proceeding under the Unlawful Detainer Law of Minnesota and take and hold possession thereof without such proceeding or entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry Landlord may remove all personal property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Upon and after entry into possession without termination of the Lease, Landlord shall use reasonable efforts to relet the premises, or any part thereof for the account of Tenant, to any other person, firm or corporation, for such rent and other charges for such time and upon such terms as Landlord, in Landlord's sole subjective discretion shall determine, but Landlord shall not be required to accept any potential tenant offered by Tenant or to observe any instruction given by Tenant about such reletting. Landlord may make repairs or redecorate the premises to the extent deemed by the Landlord necessary or commercially reasonable. Notwithstanding any action of possession or re-entry into the Demised Premises by the Landlord as permitted in this Article, or termination of this Lease as permitted under this Section, it is stipulated and agreed that Tenant shall remain liable to Landlord for damages for breach of this Lease and of Tenant's covenants hereunder in an amount equal to the total of the following: (a) All fixed base rent, additional rent, late charges, additional rent payable for taxes and otherwise, and any and all other charges payable by Tenant hereunder or under other agreements with the Landlord due for the period prior to the date of termination of this Lease or re-entry but unpaid, together with additional late charges from due date until paid; PLUS (b) All costs and expenses incurred by Landlord in connection with re-entry and repossession of the Demised Premises, the repair, renovation, remodeling, or redecoration thereof to the state required by this Lease upon termination or as may be necessary for reletting, and any broker's commissions, attorneys' fees, and other charges incurred in connection therewith or in connection with reletting the Demised Premises, including attorneys' fees, expended in the collection of rent; PLUS (c) A sum equal to the present value of all rent which would have been payable hereunder after the date of termination or re-entry for the balance of the term of the Lease had the Lease not been terminated or re-entry made, together with interest thereon at the rate of two percent (2%) per annum in excess of the prime rate as quoted by US Bank, N.A., to its best customers, or the highest rate permitted by law, whichever is less from due date until paid, PROVIDED THAT, in the event the Demised Premises are relet (which reletting shall in no event relieve or release Tenant of or from liability for damages hereunder) for all or any part of the balance of the original term hereof then, for each month during such reletting for which Landlord receives net avails of such reletting, Tenant shall be entitled to a credit against its liability to Landlord for such month in an amount 14 538853v2 SJS BR305-147 equal to such net avails, and PROVIDED FURTHER that, in lieu of damages as set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety (90) days after termination or re-entry, to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent (15%) of the rent which would have been due and payable for the portion of the balance of the term of the Lease from the date of early termination or re-entry through the final lease year. 14.3 COSTS, EXPENSES AND ATTORNEY’S FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements in this Lease, the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE XV--ESTOPPEL CERTIFICATE, ATTORNMENT AND SUBORDINATION 15.1 ESTOPPEL CERTIFICATE. Within ten (10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord has completed construction of the Demised Premises, that Tenant has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect (or if there have been modifications, that the same is in full force and effect as modified and stating the modifications), the commencement date and termination date of the Lease, that Landlord is not in default under the Lease (or, if there is a default, stating specifically the default) and the dates to which the "base rent" and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee of the Demised Premises. 15.2 ATTORNMENT. Upon request of Landlord, Tenant shall in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Landlord covering the Demised Premises, attorn to the purchaser upon any such foreclosure or sale and recognize such purchaser as Landlord under this Lease. 15.3 ATTORNEY-IN-FACT. Tenant, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of sections 15.1, 15.2, and 15.3 above. Tenant hereby irrevocably appoints Landlord as attorney-in-fact for Tenant with full power and authority for the limited purpose of executing and delivering in the name of Tenant such instruments or certificates. 15.4 SUBORDINATION. Upon request of Landlord, Tenant shall, in writing, subordinate its rights hereunder to any ground leases or to the lien of any mortgage or mortgages, reasonably acceptable to Tenant, or the lien resulting from any other method of financing or refinancing, now or hereafter in force against the land and/or buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land of which the Demised 15 538853v2 SJS BR305-147 Premises are parts, and to all advances made or hereafter to be made upon the security thereof, provided Tenant is granted non-disturbance rights. 15.5 RECORDATION. This Lease shall not be recorded without the prior consent of Landlord. Upon the request of Landlord, Tenant shall execute a short form of this Lease which may be recorded in Landlord's sole discretion. 15.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, firm or other entity that it holds a mortgage (which term shall include a deed of trust) which includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such mortgage is outstanding be required to give to such holder a duplicate notice of any notice required to be given to Landlord by this Lease. It is further agreed that such holder shall have the same opportunity to cure any default, and the same time within which to effect such curing, as is avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to the Demised Premises. ARTICLE XVI -- LANDLORD DEFAULT 16.1 DEFAULT NOTICE TO LANDLORD. Should Landlord default in the performance of any of the covenants on the part of the Landlord to be kept or performed and such default shall continue for thirty (30) days after written notice to Landlord from Tenant specifying such default, or should any warranty or representation made by Landlord be untrue and remain untrue after thirty (30) days after written notice from Tenant specifying such untruth, then and only in such event, shall termination of this Lease be effected or action taken or remedy pursued. If the default or untruth is of such character so as to require more than thirty (30) days to remedy, the Landlord shall have a reasonable period in which to remedy the same, provided Landlord is proceeding diligently. Tenant waives its right to make repairs at Landlord's expense. ARTICLE XVII - MISCELLANEOUS PROVISIONS 17.1 HOLDING OVER. In the event that Tenant shall continue to occupy the demised Premises after the expiration of the term of this Lease or written extension of the term hereof without entering into a new Lease or written extension of the term hereof said tenancy shall be construed to be a "tenancy from month to month" upon all of the other terms and conditions herein contained, except where same are not applicable, and except that the rental during such holdover period shall be the then current "base rent" plus thirty percent (30%) thereof and all "additional rent" shall continue to be paid. Nothing contained in this Lease shall grant Tenant any right to hold over. 17.2 WAIVER. Failure on the part of the Landlord to complain of any action or non- action on the part of Tenant, no matter how long the same may continue, and no matter what other action or non-action by Tenant that Landlord has already complained of shall never be deemed to be a waiver by Landlord of any of his rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Landlord, shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same 16 538853v2 SJS BR305-147 provisions. The consent or approval of the Landlord to or of any action by Tenant requiring Landlord's consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or of any subsequent similar act by Tenant. No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent default shall be treated otherwise than a payment on account. The acceptance by Landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check, that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for taxes or other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 17.3 COVENANT OF QUIET ENJOYMENT. Tenant, subject to the terms and provisions of this Lease, on payment of the rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 17.4 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, whether oral or written, are superseded by and merged into this Lease. Subsequent change shall not be binding unless reduced to writing and signed by the parties hereto. 17.5 INVALIDATION OF PARTICULAR PROVISIONS. If any clause, term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal invalid or unenforceable, there be added as part of this Lease a clause, term or provision similar to such illegal invalid or unenforceable clause, term or provision as may be possible and would be legal valid and enforceable. 17.6 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legally appointed representative, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 17.7 GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation, validity, performance and enforcement of this Lease. 17 538853v2 SJS BR305-147 17.8 NOTICES. Any notice which is required under this Lease shall be deemed "given" upon hand delivery or three (3) days after prepaid posting in the U. S. Mail whichever shall first occur. Notice shall be addressed to the addresses listed below or to any other address as shall be designated by written notice: If to Landlord: Brooklyn Center EDA c/o General Manager Earle Brown Heritage Center 6155 Earle Brown Drive Brooklyn Center, MN 55430 If to Tenant: Brooklyn Bridge Alliance for Youth 6235 Earle Brown Drive, #200 Brooklyn Center, MN 55430 Where in this Lease a certain number of days from date of notice to a given action is specified, unless the specific provision otherwise states, the days shall be counted as follows: The first calendar day shall be excluded and the last day shall be included, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. 17.9 DATE OF LEASE. All references to the "date of this Lease" or "date hereof shall be deemed to be that date on which all parties hereto have executed this Lease. 17.10 HEADINGS. The heading, section numbers and article numbers appearing in this Lease are not intended in any manner to define, limit or describe the scope of any such section or article and are solely inserted for ready reference purposes. 17.11 PRONOUNS. As utilized in this Lease, the "singular" pronouns shall include the it plural", and the "masculine" shall include the "feminine" and the "neuter", and vice versa, unless a contrary intent specifically appears. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. LANDLORD : Economic Development Authority of the City of Brooklyn Center BY: ITS: President BY: 18 538853v2 SJS BR305-147 ITS: Executive Director TENANT : BROOKLYN BRIDGE ALLIANCE FOR YOUTH. BY: ITS: A-1 538853v2 SJS BR305-147 EXHIBIT A DEMISED PREMISES That part of the following described real property: Tract F, Registered Land Survey No. 1594, Hennepin County, Minnesota Upon which is situated the structure known as “Farm House” as depicted on the site plan below: Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO._______________ RESOLUTION AUTHORIZING LEASE EXTENSION FOR BROOKLYN BRIDGE ALLIANCE FOR YOUTH AT EARLE BROWN HERITAGE CENTER WHEREAS, the Executive Director has reported the Brooklyn Bridge Alliance for Youth’s lease of the Earle Brown Heritage Center Farm House has expired; and WHEREAS, the Brooklyn Bridge Alliance for Youth wishes to continue using the space; and WHEREAS, staff continues to believe this use constitutes the highest and best use of the space. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota, that the Executive Director is authorized to execute a lease extension for Brooklyn Bridge Alliance for Youth’s use of the Earle Brown Heritage Center Farm House. October 22,2018 Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. Council/E D A Work S ession City Hall Council Chambers October 22, 2018 AGE NDA The City C ounc il requests that attendees turn off cell phones and pagers during the meeting. A copy of the full C ity Council pac ket is available to the public. The packet ring binder is located at the podium. AC T I V E D I S C US S IO N I T E M S 1.Consider Amending Chapter 12 of the City Code A dopting the I nternational Property Maintenance Code P E ND I NG L I S T F O R F UT URE WO RK S E S S IO NS 1.F uture Pending I tems Cities United Membership L ivable Wages Transient Accommodations - November L iquor/P ublic Dance Ordinance - November Tenant Protection Ordinance Affordable Housing Recommendations On-Street P arking Conditions MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:10/22/2018 TO :C urt Boganey, C ity Manager F R O M:Xiong T hao, Housing & C ommunity S tandards S upervis or S UBJ EC T:C ons ider Amending C hapter 12 of the C ity C ode Adopting the International P roperty Maintenance C ode Recommendation: - C onsider p rovid ing d irection to staff reg a rd ing th e adop tion of the Internation a l P rop erty M aintenance C ode. Background: The City of Brooklyn C enter has maintenance standards f or all properties within the C ity, which are adopted as part of Chapter 12 of the City Code, B uilding Maintenance and Occupancy Ordinance. The purpose of the ordinance is to regulate the maintenance of properties in the City in order to protect the public health, safety, and general welfare of the people of the City. The I nternational Property Maintenance Code (I P MC) is an international code that has been adopted by many other cities to be used as their maintenance standards. T he I P MC encompasses maintenance provisions in a more uniform, standardized way. The positive aspects of adopting the I P MC: T he ordinance has been nationally recognized as a uniform standard. T he ordinance has been court tested. It’s written to address most property types. T here are ongoing updates to the code as housing standards change. T he maintenance codes tie in with the building and residential codes. Cities that adopt the I P MC may adopt the regulations in their entirety, or may make amendments to them in order to address the specific needs of the community. Overview: S taff reviewed the I P MC in order to determine how it compares with the City’s current regulations and to identif y if it would provide a benefit to the community. A f ter an in-depth review, Staf f has determined that the I P MC is a more thorough and detailed maintenance standard than the City’s existing regulations. T he I P MC has specif ic maintenance standards that are addressed in each category. S taff is of f ering the I P MC, with recommended amendments, to the City Council for consideration as a replacement for the City’s existing property maintenance provisions. P roposed Amendments to Chapter 12 of the City Code: Chapter 12-201 Definitions: Remove certain definitions which would be duplicative of definitions in the IP MC. Chapter 12-301 through Chapter 12-805 would be replaced by a the adoption of the IPMC, with the exception the following sections of Chapter 12, which are items not otherwise addressed by the IP MC: Chapter 12-314: Snow Removal Chapter 12-709: Facilities to Function Chapter 12-711: Yard Cover Chapter 12-713: Waste container Screening Highlights of the I nternational Property Maintenance Code: The I nternational Property Maintenance Code consists of eight chapters. Chapter 1: Addresses the procedures to be followed when enforcing the IPMC. Chapter 2: Definitions of terms used within the IP MC. Chapter 3: General maintenance standards including exterior maintenance, unsafe conditions, etc. Chapter 4: Requirements relating to light, ventilation and occupancy limitations. Chapter 5: Requirements relating to plumbing and fixtures. T he current city code does not specifically address any plumbing maintenance standards. Chapter 6: Requirements for mechanical and electrical requirements such as heating facilities and electrical systems. Chapter 7: Fire safety requirements. Chapter 8: Standards that are referenced throughout the IP MC. P roposed Amendments to the I nternational P roperty Maintenance Code: S taff is suggesting several changes to the I P MC in order to allow it to fit better into the City's existing regulations and processes. Reference Minnesota Building Codes, versus International Building Codes, throughout the document. Chapter 111.2 to Section 111.2.5 of the IP MC be struck since Chapter 12 already directs who the appeal board members are. Definitions that are not adopted in Chapter 202 are already defined in other chapters of the City Ordinance. An example is inoperable vehicle, which is already defined in Chapter 19 of the City Ordinance. Chapter 302.4: Weeds is already defined and outlined in Chapter 19 of the City Ordinance. Chapter 308: Rubbish and Garbage is not adopted since it is already discuss in other City Ordinances. Chapter 309: Pest Elimination language has been simplified holding the owner of the property responsible for pest elimination. Policy Issues: - Does the C ity C ouncil want to adopt the I P MC ? - Does the C ity C ouncil s ee a benefit to having a uniform maintenance code? - Do es the C ity C o uncil want the Ho us ing C ommis s ion to review the p ro p o s ed amendments and o ffer a recommendation? S trategic Priorities and Values: S afe, S ecure, S table C ommunity ® 22 00 1 8 I N T E R N A T I O N A L C O D E S ® 2018 I-CODE BONUS OFFER Get a free 45-day online subscription to ICC’s premiumACCESS™ 2018 I-Codes Complete Collection. Test drive many powerful, time-saving tools available to you from premiumACCESS. To activate your bonus, visit www.iccsafe.org/codebonus. A Member of the International Code Family® INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 International Property Maintenance Code    First Printing: August 2017 ISBN: 978-1-60983-748-8 (soft-cover edition) COPYRIGHT  2017 by INTERNATIONAL CODE COUNCIL, INC. Date of First Publication: August 31, 2017 ALL RIGHTS RESERVED. This 2018 International Property Maintenance Code is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on use rights and permissions, please contact: Publications, 4051 Flossmoor Road, Country Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). Trademarks: “International Code Council,” the “International Code Council” logo, “ICC,” the “ICC” logo, “International Prop- erty Maintenance Code,” “IPMC” and other names and trademarks appearing in this book are trademarks of the International Code Council, Inc., and/or its licensors (as applicable), and may not be used without permission. PRINTED IN THE U.S.A. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES PREFACE Introduction The International Property Maintenance Code (IPMC) establishes minimum requirements for the maintenance of existing buildings through model code regulations that contain clear and spe- cific property maintenance and property improvement provisions. This 2018 edition is fully com- patible with all of the International Codes (I-Codes) published by the International Code Council (ICC), including the International Building Code, International Energy Conservation Code, International Existing Building Code, International Fire Code, International Fuel Gas Code, International Green Construction Code , International Mechanical Code, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code, International Swimming Pool and Spa Code, International Wildland-Urban Interface Code, Inter- national Zoning Code and International Code Council Performance Code. The I-Codes, including this International Property Maintenance Code , are used in a variety of ways in both the public and private sectors. Most industry professionals are familiar with the I- Codes as the basis of laws and regulations in communities across the U.S. and in other countries. However, the impact of the codes extends well beyond the regulatory arena, as they are used in a variety of nonregulatory settings, including: • Voluntary compliance programs such as those promoting sustainability, energy efficiency and disaster resistance. • The insurance industry, to estimate and manage risk, and as a tool in underwriting and rate decisions. • Certification and credentialing of individuals involved in the fields of building design, con- struction and safety. • Certification of building and construction-related products. • U.S. federal agencies, to guide construction in an array of government-owned properties. • Facilities management. • “Best practices” benchmarks for designers and builders, including those who are engaged in projects in jurisdictions that do not have a formal regulatory system or a governmental enforcement mechanism. • College, university and professional school textbooks and curricula. • Reference works related to building design and construction. In addition to the codes themselves, the code development process brings together building pro- fessionals on a regular basis. It provides an international forum for discussion and deliberation about building design, construction methods, safety, performance requirements, technological advances and innovative products. Development This 2018 edition presents the code as originally issued, with changes reflected in the 2003 through 2015 editions and further changes developed through the ICC Code Development Process through 2016. A new edition of the code is promulgated every 3 years. This code is intended to establish provisions that adequately protect public health, safety and welfare; that do not unnecessarily increase construction costs; that do not restrict the use of new materials, products or methods of construction; and that do not give preferential treatment to par- ticular types or classes of materials, products or methods of construction. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® iii Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcement officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code development process in which all interested and affected parties may participate. The ICC Code Development Process reflects principles of openness, transparency, balance, due process and consensus, the principles embodied in OMB Circular A-119, which governs the federal government’s use of private-sector standards. The ICC process is open to anyone; there is no cost to participate, and people can participate without travel cost through the ICC’s cloud-based app, cdp- Access. A broad cross section of interests are represented in the ICC Code Development Process. The codes, which are updated regularly, include safeguards that allow for emergency action when required for health and safety reasons. In order to ensure that organizations with a direct and material interest in the codes have a voice in the process, the ICC has developed partnerships with key industry segments that support the ICC’s important public safety mission. Some code development committee members were nomi- nated by the following industry partners and approved by the ICC Board: • American Institute of Architects (AIA) • National Association of Home Builders (NAHB) The code development committees evaluate and make recommendations regarding proposed changes to the codes. Their recommendations are then subject to public comment and council-wide votes. The ICC’s governmental members—public safety officials who have no financial or business interest in the outcome—cast the final votes on proposed changes. The contents of this work are subject to change through the code development cycles and by any governmental entity that enacts the code into law. For more information regarding the code devel- opment process, contact the Codes and Standards Development Department of the International Code Council. While the I-Code development procedure is thorough and comprehensive, the ICC, its members and those participating in the development of the codes disclaim any liability resulting from the publication or use of the I-Codes, or from compliance or noncompliance with their provisions. The ICC does not have the power or authority to police or enforce compliance with the contents of this code. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers) In each code development cycle, proposed changes to this code are considered at the Committee Action Hearings by the International Property Maintenance Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the proposed changes. Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the Interna- tional Fire Code Development Committee at the Committee Action Hearings. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] = Administrative Code Development Committee; [F] = International Fire Code Development Committee; [P] = International Plumbing Code Development Committee; [BE] = IBC—Egress Code Development Committee; and [BG]= IBC—General Code Development Committee. iv 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES For the development of the 2021 edition of the I-Codes, there will be two groups of code devel- opment committees and they will meet in separate years. Group A Codes (Heard in 2018, Code Change Proposals Deadline: January 8, 2018) Group B Codes (Heard in 2019, Code Change Proposals Deadline: January 7, 2019) International Building Code – Egress (Chapters 10, 11, Appendix E) – Fire Safety (Chapters 7, 8, 9, 14, 26) – General (Chapters 2–6, 12, 27–33, Appendices A, B, C, D, K, N) Administrative Provisions (Chapter 1 of all codes except IECC, IRC and IgCC, administra- tive updates to currently referenced stan- dards, and designated definitions) International Fire Code International Building Code – Structural (Chapters 15–25, Appendices F, G, H, I, J, L, M) International Fuel Gas Code International Existing Building Code International Mechanical Code International Energy Conservation Code— Commercial International Plumbing Code International Energy Conservation Code— Residential – IECC—Residential – IRC—Energy (Chapter 11) International Property Maintenance Code International Green Construction Code (Chapter 1) International Private Sewage Disposal Code International Residential Code – IRC—Building (Chapters 1–10, Appendices E, F, H, J, K, L, M, O, Q, R, S, T) International Residential Code – IRC—Mechanical (Chapters 12–23) – IRC—Plumbing (Chapters 25–33, Appendices G, I, N, P) International Swimming Pool and Spa Code International Wildland-Urban Interface Code International Zoning Code Note: Proposed changes to the ICC Performance Code will be heard by the code development committee noted in brack- ets [ ] in the text of the ICC Performance Code. Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because differ- ent committees hold Committee Action Hearings in different years, proposals for the IPMC will be heard by committees in both the 2018 (Group A) and the 2019 (Group B) code development cycles. For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, which is part of the Group B portion of the hearings. This committee will hold its Committee Action Hearings in 2019 to consider code change proposals for Chapter 1 of all I-Codes except the International Energy Conservation Code, International Resi- dential Code and International Green Construction Code. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for con- sideration in 2019. It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/scoping. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® v Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2015 edition. Deletion indicators in the form of an arrow (•) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a table has been deleted. Coordination of the International Codes The coordination of technical provisions is one of the strengths of the ICC family of model codes. The codes can be used as a complete set of complementary documents, which will provide users with full integration and coordination of technical provisions. Individual codes can also be used in subsets or as stand-alone documents. To make sure that each individual code is as complete as pos- sible, some technical provisions that are relevant to more than one subject area are duplicated in some of the model codes. This allows users maximum flexibility in their application of the I-Codes. Italicized Terms Words and terms defined in Chapter 2, Definitions, are italicized where they appear in code text and the Chapter 2 definition applies. Where such words and terms are not italicized, common-use defi- nitions apply. The words and terms selected have code-specific definitions that the user should read carefully to facilitate better understanding of the code. Adoption The International Code Council maintains a copyright in all of its codes and standards. Maintaining copyright allows the ICC to fund its mission through sales of books, in both print and electronic for- mats. The ICC welcomes adoption of its codes by jurisdictions that recognize and acknowledge the ICC’s copyright in the code, and further acknowledge the substantial shared value of the public/pri- vate partnership for code development between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All I- Codes and I-Standards, along with the laws of many jurisdictions, are available for free in a nondownloadable form on the ICC’s website. Jurisdictions should contact the ICC at adop- tions@iccsafe.org to learn how to adopt and distribute laws based on the International Prop- erty Maintenance Code in a manner that provides necessary access, while maintaining the ICC’s copyright. To facilitate adoption, several sections of this code contain blanks for fill-in information that needs to be supplied by the adopting jurisdiction as part of the adoption legislation. For this code, please see: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 112.4. Insert: [DOLLAR AMOUNT IN TWO LOCATIONS] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] vi 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES EFFECTIVE USE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE The International Property Maintenance Code (IPMC) is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. Arrangement and Format of the 2018 IPMC Before applying the requirements of the IPMC it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during an inspection. The IPMC is divided into eight different parts: Chapters Subjects 1 Scope and Administration 2 Definitions 3 General Requirements 4 Light, Ventilation and Occupancy Limitations 5 Plumbing Facilities and Fixture Requirements 6 Mechanical and Electrical Requirements 7 Fire Safety Requirements 8 Referenced Standards The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the Inter- national Property Maintenance Code: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establish- ing the scope of the code, Chapter 1 identifies which buildings and structures come under its pur- view. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that “equal protection under the law” has been provided. Chapter 2 Definitions. All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term’s definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning prescribed by the code; therefore, it is essential that the code-defined meaning be known. Guidance is provided regarding tense, gender and plurality of defined terms as well as terms not defined in this code. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® vii Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES Chapter 3 General Requirements. Chapter 3, “General Requirements,” is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter provides requirements that are intended to maintain a min- imum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building’s structural and weather-resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; mainte- nance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and establishes who is responsible for complying with the chapter’s provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies. Chapter 4 Light, Ventilation and Occupancy Limitations. The purposes of Chapter 4 are to set forth these requirements in the code and to establish the minimum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identify- ing occupancy limitations including minimum room width and area, minimum ceiling height and restrictions to prevent overcrowding. This chapter also provides for alternative arrangements of windows and other devices to comply with the requirements for light and ventilation and prohibits certain room arrangements and occupancy uses. Chapter 5 Plumbing Facilities and Fixture Requirements. Chapter 5 establishes the mini- mum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures. Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the mini- mum criteria to verify that these principles are maintained throughout the life of a building. Chapter 6 Mechanical and Electrical Requirements. The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to estab- lish minimum standards for the safety of these facilities. This chapter establishes minimum criteria for the installation and maintenance of the following: heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel-burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumb- waiters. Chapter 7 Fire Safety Requirements. The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building’s occupancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings. This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings. Chapter 7 establishes the minimum requirements for fire safety facilities and fire protection sys- tems, as these are essential fire safety systems. viii 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES Chapter 8 Referenced Standards. The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compli- ance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency’s standards are then listed in either alphabetical or numeric order based upon the stan- dard identification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® ix Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES x 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION ........ 1 PART 1—SCOPE AND APPLICATION ........................ 1 Section 101 General ....................................................................... 1 102 Applicability .............................................................. 1 PART 2—ADMINISTRATION AND ENFORCEMENT .............................................................. 2 Section 103 Department of Property Maintenance Inspection .................................................................. 2 104 Duties and Powers of the Code Official ..................... 2 105 Approval .................................................................... 3 106 Violations ................................................................... 3 107 Notices and Orders ..................................................... 3 108 Unsafe Structures and Equipment .............................. 4 109 Emergency Measures ................................................. 5 110 Demolition ................................................................. 6 111 Means of Appeal ........................................................ 6 112 Stop Work Order ........................................................ 7 CHAPTER 2 DEFINITIONS .......................................... 9 Section 201 General ....................................................................... 9 202 General Definitions .................................................... 9 CHAPTER 3 GENERAL REQUIREMENTS ..............11 Section 301 General ......................................................................11 302 Exterior Property Areas ............................................11 303 Swimming Pools, Spas and Hot Tubs .......................12 304 Exterior Structure ......................................................12 305 Interior Structure .......................................................14 306 Component Serviceability ......................................... 14 307 Handrails and Guardrails ..........................................15 308 Rubbish and Garbage ................................................15 309 Pest Elimination ........................................................15 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS .............17 Section 401 General ......................................................................17 402 Light ......................................................................... 17 403 Ventilation ................................................................ 17 404 Occupancy Limitations ............................................. 18 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ............... 21 Section 501 General ..................................................................... 21 502 Required Facilities .................................................... 21 503 Toilet Rooms ............................................................ 21 504 Plumbing Systems and Fixtures................................ 21 505 Water System ........................................................... 22 506 Sanitary Drainage System ........................................ 22 507 Storm Drainage ........................................................ 22 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS .................................. 23 Section 601 General ..................................................................... 23 602 Heating Facilities ...................................................... 23 603 Mechanical Equipment ............................................. 23 604 Electrical Facilities. .................................................. 24 605 Electrical Equipment ................................................ 24 606 Elevators, Escalators and Dumbwaiters .................... 25 607 Duct Systems ............................................................ 25 CHAPTER 7 FIRE SAFETY REQUIREMENTS . . . 27 Section 701 General ..................................................................... 27 702 Means of Egress ....................................................... 27 703 Fire-resistance Ratings ............................................. 27 704 Fire Protection Systems ............................................ 28 705 Carbon Monoxide Alarms and Detection ................. 31 CHAPTER 8 REFERENCED STANDARDS .............. 33 APPENDIX A BOARDING STANDARD .................... 35 Section A101 General .................................................................... 35 A102 Materials .................................................................. 35 A103 Installation ............................................................... 35 A104 Referenced Standard ................................................ 35 INDEX ............................................................................... 37 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® xi Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES xii 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 1 SCOPE AND ADMINISTRATION User note: About this chapter: Chapter 1 establishes the limits of applicability of the code and describes how the code is to be applied and enforced. Chapter 1 is in two parts: Part 1—Scope and Application (Sections 101 and 102) and Part 2—Administration and Enforcement (Sections 103 – 112). Section 101 identifies which buildings and structures come under its purview and references other I-Codes as applicable. This code is intended to be adopted as a legally enforceable document and it cannot be effective without adequate provisions for its adminis- tration and enforcement. The provisions of Chapter 1 establish the authority and duties of the code official appointed by the authority having jurisdiction and also establish the rights and privileges of the property owner and building occupants. PART 1 — SCOPE AND APPLICATION SECTION 101 GENERAL [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION] City of Brooklyn Center, hereinafter referred to as “this code.” [A] 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a gen- eral requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the pro- visions of this code shall apply. Where, in a specific case, dif- ferent sections of this code specify different requirements, the most restrictive shall govern. 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. An owner, owner’s authorized agent, operator or occupant shall not cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the maintenance of buildings, structures and premises. [A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, Interna- tional Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Interna- tional Plumbing Code and NFPA 70 Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provi- sion of the International Zoning Code. City of Brooklyn Center Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code. Chapter 8 and considered part of the requirements of this 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 1 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between pro- visions of this code and the referenced standards, the pro- visions of this code shall apply. [A] 102.7.2 Provisions in referenced codes and stan- dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the refer- enced code or standard. [A] 102.8 Requirements not covered by code. Require- ments necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the pub- lic safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [A] 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identi- fied by number, shall be construed to refer to such chapter, section or provision of this code. [A] 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION [A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. [A] 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be ren- dered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the juris- diction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] City of Brooklyn Center Fee Schedule. SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. [A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report on unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in viola- tion of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or per- form the duties imposed by this code, provided that if such structure or premises is occupied the code official shall pres- ent credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner’s authorized agent, provided that the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modifi- cation does not lessen health, life and fire safety require- ments. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifi- cally prescribed by this code, provided that any such alterna- tive has been approved. An alternative material, design or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, dura- bility and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons why the alternative was not approved. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance without expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as speci- fied in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. Materials that are reused shall comply with the requirements of this code for new materials. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 107 shall be deemed guilty of a misde- meanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liabil- ity offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a vio- lation continues after due notice has been served shall be deemed a separate offense. [A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall com- ply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION 5. Inform the property owner or owner’s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: delivered personally, or sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the let- ter was not delivered, a copy thereof shall be posted in a con- spicuous place in or about the structure affected by such notice. 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official. 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dis- pose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of vio- lation and fully accepting the responsibility without condition for making the corrections or repairs required by such com- pliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure that is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A struc- ture is unfit for human occupancy whenever the code offi- cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.1.5 Dangerous structure or premises. For the pur- pose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 4 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel con- nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize discon- nection of utility service to the building, structure or sys- tem regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emergency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discon- nection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner, owner’s autho- rized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penalties pro- vided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. 108.6 Abatement methods. The owner, owner’s authorized agent, operator or occupant of a building, premises or equip- ment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any struc- ture or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 5 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condi- tion or of demolishing the same. 109.2 Temporary safeguards. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code offi- cial, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materi- als to perform the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. 110.2 Notices and orders. Notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. 110.4 Salvage materials. Where any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the per- son who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 2010 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall not vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint not less than two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alter- nate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. 6 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES SCOPE AND ADMINISTRATION [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 2030 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant’s representa- tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board member- ship. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appel- lant’s representative shall have the right to request a post- ponement of the hearing. [A] 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] 111.7 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. [A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issu- ance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.not to exceed $1,000. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 7 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 8 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 2 DEFINITIONS User note: About this chapter: Codes, by their very nature, are technical documents. Every word, term and punctuation mark can add to or change the meaning of a technical requirement. It is necessary to maintain a consensus on the specific meaning of each term contained in the code. Chapter 2 performs this function by stating clearly what specific terms mean for the purpose of the code. SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the mean- ings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code, Interna- tional Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code, or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words “dwelling unit,” “dwell- ing,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.” SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building that is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically dis- connected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be per- mitted to be for use under, on or above said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [BE] GUARD. A building component or a system of build- ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES DEFINITIONS halls, storage or utility spaces, and similar areas are not con- sidered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating that does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition that could cause seri- ous or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle that cannot be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, approved agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a build- ing, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises that is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munici- pality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or other parcel of land that: is open to the outside air; leads to a street; has been deeded, dedicated or otherwise permanently appropriated to the public for public use; and has a clear width and height of not less than 10 feet (3048 mm). ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, min- eral matter, glass, crockery and dust and other similar materi- als. [BG] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for liv- ing, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and that shall be deemed to occur if the sustain- able load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. 10 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 3 GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building’s structural and weather-resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land; the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; extermination of insects and rodents; access barri- ers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. This section is revised in its entirety. This section will reference City Code 19-1601 to 19-1604 Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes and a licensed contractor that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and [XT1] in good repair. 302.8 This section will not be adopted. Motor vehicles. Except as provided for in other regula- tions, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES GENERAL REQUIREMENTS 302.9302.8 Defacement of property. A person shall not willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the fin- ished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. An existing pool enclosure shall not be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight. 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects. 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects. 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects. 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects. 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects. 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects. 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects. 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permit- ted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 12 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES GENERAL REQUIREMENTS decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or cor- rosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabili- zation by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weath- erproof and properly surface coated where required to pre- vent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE] May 1 to October 31, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self- closing device in good work- ing condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior dDoors, door assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleep- ing units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 13 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES GENERAL REQUIREMENTS walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. Exterior gates, gate assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength. 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects. 3. Structures or components thereof that have reached their limit state. 4. Structural members are incapable of supporting nominal loads and load effects. 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of support- ing all nominal loads and resisting all load effects. 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be permit- ted where approved by the code official. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including win- dows and doors, shall be maintained in good, clean and sani- tary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code International Building Code or the International Exist- ing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the follow- ing conditions: 1.1. Collapse of footing or foundation system. 1.2. Damage to footing, foundation, concrete or other structural element due to soil expan- sion. 1.3. Adverse effects to the design strength of footing, foundation, concrete or other struc- tural element due to a chemical reaction from the soil. 1.4. Inadequate soil as determined by a geotech- nical investigation. 1.5. Where the allowable bearing capacity of the soil is in doubt. 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the fol- lowing conditions: 2.1. Deterioration. 2.2. Ultimate deformation. 2.3. Fractures. 14 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES GENERAL REQUIREMENTS 2.4. Fissures. 2.5. Spalling. 2.6. Exposed reinforcement. 2.7. Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1. Deterioration. 3.2. Corrosion. 3.3. Elastic deformation. 3.4. Ultimate deformation. 3.5. Stress or strain cracks. 3.6. Joint fatigue. 3.7. Detached, dislodged or failing connections. 4. Masonry that has been subjected to any of the fol- lowing conditions: 4.1. Deterioration. 4.2. Ultimate deformation. 4.3. Fractures in masonry or mortar joints. 4.4. Fissures in masonry or mortar joints. 4.5. Spalling. 4.6. Exposed reinforcement. 4.7. Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1. Deterioration. 5.2. Elastic deformation. 5.3. Ultimate deformation. 5.4. Metal fatigue. 5.5. Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the follow- ing conditions: 6.1. Ultimate deformation. 6.2. Deterioration. 6.3. Damage from insects, rodents and other vermin. 6.4. Fire damage beyond charring. 6.5. Significant splits and checks. 6.6. Horizontal shear cracks. 6.7. Vertical shear cracks. 6.8. Inadequate support. 6.9. Detached, dislodged or failing connections. 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, bal- cony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 This section will not be adopted. Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved pro- cesses and licensed contractor that will not be injurious to human health. After pest Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 15 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES GENERAL REQUIREMENTS elimination, proper precautions shall be taken to prevent rein- festation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure or during occupancy. 309.3 Single occupant. The occupant of a one-family dwell- ing or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsi- ble for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5309.3 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. 16 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS User note: About this chapter: Chapter 4 sets forth requirements to establish the minimum environment for occupiable and habitable buildings by establishing the minimum criteria for light and ventilation and identifying occupancy limitations including minimum room width and area, mini- mum ceiling height and restrictions to prevent overcrowding. SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall pro- vide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the require- ments of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical CodeInternational Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required mini- mum total window area for the room. Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the inte- rior room or space, or not less than 25 square feet (2.33 m2), whichever is greater. The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb or equivalent for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, interior and exterior means of egress, stairways Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcan- dle (11 lux) at floors, landings and treads. 402.3 Other spaces. Other spaces shall be provided with nat- ural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The venti- lation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechani- cal ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certif- icate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens, and the similar appliances shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 17 1 0 0 6 0 2 9 3 3 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manu- facturer’s instructions and meet Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm)30 inches (762 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hall- ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not greater than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one- third of the required minimum floor area. In calcu- lating the floor area of such rooms, only those por- tions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or hab- itable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bed- rooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every bed- room in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabit- able spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living rooma, b 120 120 150 Dining rooma, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 For SI: 1 square foot = 0.0929 m2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Sec- tion 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occu- pants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occu- pants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 18 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. Spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sani- tary disposal of food wastes and refuse, including facilities for temporary storage. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 19 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 20 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS User note: About this chapter: Chapter 5 establishes minimum sanitary and clean conditions in occupied buildings by containing requirements for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sew- age disposal systems and related plumbing fixtures. Chapter 5 includes requirements for providing potable water to a building and the basic fixtures to effectively utilize and dispose of that water. SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall pro- vide and maintain such plumbing facilities and plumbing fix- tures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working con- dition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. [P] 502.4 Employees’ facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occu- pancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or pas- sageway. [P] 503.3 Location of employee toilet facilities. Toilet facil- ities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a dis- tance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 21 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES PLUMBING FACILITIES AND FIXTURE REQUIREMENTS [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 505 WATER SYSTEM [P] 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical CodeInternational Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. [P] 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fix- tures, devices and appurtenances in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. [P] 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of provid- ing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature not less than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and main- tained on water heaters. [P] 505.5 Nonpotable water reuse systems. Nonpotable water reuse systems and rainwater collection and conveyance systems shall be maintained in a safe and sanitary condition. Where such systems are not properly maintained, the systems shall be repaired to provide for safe and sanitary conditions, or the system shall be abandoned in accordance with Section 505.5.1. [P] 505.5.1 Abandonment of systems. Where a nonpota- ble water reuse system or a rainwater collection and distri- bution system is not maintained or the owner ceases use of the system, the system shall be abandoned in accordance with Section 1301.10 of the International Plumbing Code. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. Plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved pri- vate sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and auto- matic grease removal devices shall be maintained in accor- dance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sew- age treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 22 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS User note: About this chapter: Chapter 6 establishes minimum performance requirements for heating, electrical and mechanical facilities serving exist- ing structures, such as heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appli- ances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel-burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle out- lets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumbwaiters. SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall pro- vide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be pro- vided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tem- perature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design tempera- ture for the locality indicated in Appendix D of the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical CodeInterna- tional Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to fur- nish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE]September 1 to May 31 to maintain a minimum tem- perature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is oper- ating at its full design capacity. The winter outdoor design temperature for the locality shall be as indi- cated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2.3. Areas in which persons are primarily engaged in vigorous physical activities. 602.5602.4 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical equipment and appliances. Mechanical equipment, appliances, fireplaces, solid fuel-burning appli- ances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condi- tion, and shall be capable of performing the intended func- tion. 603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible mate- rials shall be maintained. 603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 23 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES MECHANICAL AND ELECTRICAL REQUIREMENTS fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for addi- tional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall gov- ern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribu- tion equipment, motor circuits, power equipment, trans- formers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, lumi- naires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provi- sions of the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical CodeInternational Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved man- ufacturer’s representative indicates that the equip- ment has not sustained damage that requires replacement: 1. Enclosed switches, rated not more than 600 volts or less. 2. Busway, rated not more than 600 volts. 3. Panelboards, rated not more than 600 volts. 4. Switchboards, rated not more than 600 volts. 5. Fire pump controllers, rated not more than 600 volts. 6. Manual and magnetic motor controllers. 7. Motor control centers. 8. Alternating current high-voltage circuit breakers. 9. Low-voltage power circuit breakers. 10. Protective relays, meters and current trans- formers. 11. Low- and medium-voltage switchgear. 12. Liquid-filled transformers. 13. Cast-resin transformers. 14. Wire or cable that is suitable for wet loca- tions and whose ends have not been exposed to water. 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water. 16. Luminaires that are listed as submersible. 17. Motors. 18. Electronic control, signaling and communi- cation equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code International Building Code. 604.3.2.2604.3.2.1 Exception: Electrical switches, receptacles and fix- tures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle out- lets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the loca- tion. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES nace room shall contain not less than one electric luminaire. 24 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES MECHANICAL AND ELECTRICAL REQUIREMENTS Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical Code ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb- waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in Minnesota Residential Code, Minnesota Building Code, Minnesota Energy Code, Minnesota Mechanical and Fuel Gas Code, Minnesota Plumbing Code, Minnesota Fire Code, Minnesota Electrical CodeASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, not less than one elevator shall be maintained in opera- tion at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 25 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 26 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 7 FIRE SAFETY REQUIREMENTS User note: About this chapter: Chapter 7 establishes fire safety requirements for existing structures by containing requirements for means of egress, including path of travel, required egress width, means of egress doors and emergency escape openings, and for the maintenance of fire-resis- tance-rated assemblies, fire protection systems, and carbon monoxide alarm and detection systems. SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided. 701.2 Responsibility. The owner of the premises shall pro- vide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter. SECTION 702 MEANS OF EGRESS [F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Minnesota Fire Code, International Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the Minnesota Fire Code International Fire Code shall be unobstructed. [F] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the Minnesota Fire Code International Building Code. [F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are per- mitted to be placed over emergency escape and rescue open- ings provided that the minimum net clear opening size complies with the code that was in effect at the time of con- struction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies. The provisions of this chapter shall govern maintenance of the materials, sys- tems and assemblies used for structural fire resistance and fire-resistance-rated construction separation of adjacent spaces to safeguard against the spread of fire and smoke within a building and the spread of fire to or from buildings. [F] 703.2 Unsafe conditions. Where any components are not maintained and do not function as intended or do not have the fire resistance required by the code under which the building was constructed or altered, such components or portions thereof shall be deemed unsafe conditions in accordance with Section 111.1.1 of the Minnesota Fire Code International Fire Code. Components or portions thereof determined to be unsafe shall be repaired or replaced to conform to that code under which the building was constructed or altered. Where the condition of compo- nents is such that any building, structure or portion thereof presents an imminent danger to the occupants of the building, structure or portion thereof, the fire code official shall act in accordance with Section 111.2 of the Minnesota Fire Code International Fire Code. [F] 703.3 Maintenance. The required fire-resistance rating of fire-resistance-rated construction, including walls, firestops, shaft enclosures, partitions, smoke barriers, floors, fire-resistive coatings and sprayed fire-resistant materials applied to structural members and joint systems, shall be maintained. Such elements shall be visually inspected annu- ally by the owner and repaired, restored or replaced where damaged, altered, breached or penetrated. Records of inspec- tions and repairs shall be maintained. Where concealed, such elements shall not be required to be visually inspected by the owner unless the concealed space is accessible by the removal or movement of a panel, access door, ceiling tile or entry to the space. Openings made therein for the passage of pipes, electrical conduit, wires, ducts, air transfer and any other reason shall be protected with approved methods capa- ble of resisting the passage of smoke and fire. Openings through fire-resistance-rated assemblies shall be protected by self- or automatic-closing doors of approved construction meeting the fire protection requirements for the assembly. 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 27 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES FIRE SAFETY REQUIREMENTS [F] 703.3.1 Fire blocking and draft stopping. Required fire blocking and draft stopping in combustible concealed spaces shall be maintained to provide continuity and integ- rity of the construction. [F] 703.3.2 Smoke barriers and smoke partitions. Required smoke barriers and smoke partitions shall be maintained to prevent the passage of smoke. Openings protected with approved smoke barrier doors or smoke dampers shall be maintained in accordance with NFPA 105. [F] 703.3.3 Fire walls, fire barriers, and fire partitions. Required fire walls, fire barriers and fire partitions shall be maintained to prevent the passage of fire. Openings pro- tected with approved doors or fire dampers shall be main- tained in accordance with NFPA 80. [F] 703.4 Opening protectives. Opening protectives shall be maintained in an operative condition in accordance with NFPA 80. The application of field-applied labels associated with the maintenance of opening protectives shall follow the requirements of the approved third-party certification organi- zation accredited for listing the opening protective. Fire doors and smoke barrier doors shall not be blocked or obstructed, or otherwise made inoperable. Fusible links shall be replaced whenever fused or damaged. Fire door assemblies shall not be modified. [F] 703.4.1 Signs. Where required by the code official, a sign shall be permanently displayed on or near each fire door in letters not less than 1 inch (25 mm) high to read as follows: 1. For doors designed to be kept normally open: FIRE DOOR – DO NOT BLOCK. 2. For doors designed to be kept normally closed: FIRE DOOR – KEEP CLOSED. [F] 703.4.2 Hold-open devices and closers. Hold-open devices and automatic door closers shall be maintained. During the period that such a device is out of service for repairs, the door it operates shall remain in the closed posi- tion. [F] 703.4.3 Door operation. Swinging fire doors shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch the door from any partially open position. [F] 703.5 Ceilings. The hanging and displaying of salable goods and other decorative materials from acoustical ceiling systems that are part of a fire-resistance-rated horizontal assembly shall be prohibited. [F] 703.6 Testing. Horizontal and vertical sliding and rolling fire doors shall be inspected and tested annually to confirm operation and full closure. Records of inspections and testing shall be maintained. [F] 703.7 Vertical shafts. Interior vertical shafts, including stairways, elevator hoistways and service and utility shafts, which connect two or more stories of a building shall be enclosed or protected as required in Chapter 11 of the Minnesota Fire Code. Inter- national Fire Code. New floor openings in existing buildings shall comply with the Minnesota Fire Code International Building Code. [F] 703.8 Opening protective closers. Where openings are required to be protected, opening protectives shall be main- tained self-closing or automatic-closing by smoke detection. Existing fusible-link-type automatic door-closing devices shall be replaced if the fusible link rating exceeds 135°F (57°C). SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 Inspection, testing and maintenance. Fire detec- tion, alarm and extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents shall be main- tained in accordance with the Minnesota Fire Code. International Fire Code in an operative condition at all times, and shall be replaced or repaired where defective. [F] 704.1.1 Installation. Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection where the building is altered or enlarged. Alterations to fire protection systems shall be done in accordance with applicable standards. [F] 704.1.2 Required fire protection systems. Fire pro- tection systems required by this code, the Minnesota Fire Code. International Fire Code or the International Building Code shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provi- sions of this code, the Minnesota Fire Code. International Fire Code or the Inter- national Building Code has been granted shall be considered to be a required system. [F] 704.1.3 Fire protection systems. Fire protection sys- tems shall be inspected, maintained and tested in accor- dance with the following Minnesota Fire Code. International Fire Code requirements. 1. Automatic sprinkler systems, see Section 903.5. 2. Automatic fire-extinguishing systems protecting commercial cooking systems, see Section 904.12.5. 3. Automatic water mist extinguishing systems, see Section 904.11. 4. Carbon dioxide extinguishing systems, see Section 904.8. 5. Carbon monoxide alarms and carbon monoxide detection systems, see Section 915.6. 6. Clean-agent extinguishing systems, see Section 904.10. 7. Dry-chemical extinguishing systems, see Section 904.6. 8. Fire alarm and fire detection systems, see Section 907.8. 9. Fire department connections, see Sections 912.4 and 912.7. 10. Fire pumps, see Section 913.5. 11. Foam extinguishing systems, see Section 904.7. 12. Halon extinguishing systems, see Section 904.9. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 28 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES FIRE SAFETY REQUIREMENTS 13. Single- and multiple-station smoke alarms, see Section 907.10. 14. Smoke and heat vents and mechanical smoke removal systems, see Section 910.5. 15. Smoke control systems, see Section 909.20. 16. Wet-chemical extinguishing systems, see Section 904.5. [F] 704.2 Standards. Fire protection systems shall be inspected, tested and maintained in accordance with the refer- enced standards listed in Table 704.2 and as required in this section. TABLE 704.2 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Portable fire extinguishers NFPA 10 Carbon dioxide fire-extinguishing system NFPA 12 Halon 1301 fire-extinguishing systems NFPA 12A Dry-chemical extinguishing systems NFPA 17 Wet-chemical extinguishing systems NFPA 17A Water-based fire protection systems NFPA 25 Fire alarm systems NFPA 72 Smoke and heat vents NFPA 204 Water-mist systems NFPA 750 Clean-agent extinguishing systems NFPA 2001 [F] 704.2.1 Records. Records shall be maintained of all system inspections, tests and maintenance required by the referenced standards. [F] 704.2.2 Records information. Initial records shall include the: name of the installation contractor; type of components installed; manufacturer of the components; location and number of components installed per floor; and manufacturers’ operation and maintenance instruction manuals. Such records shall be maintained for the life of the installation. [F] 704.3 Systems out of service. Where a required fire pro- tection system is out of service, the fire department and the fire code official shall be notified immediately and, where required by the fire code official, either the building shall be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire pro- tection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire department and shall not have duties beyond performing constant patrols of the protected premises and keeping watch for fires. Actions shall be taken in accordance with Section 901 of the Interna- tional Fire Code Minnesota Fire Code to bring the systems back in service. [F] 704.3.1 Emergency impairments. Where unplanned impairments of fire protection systems occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in Section 901.7.4 of the Minnesota Fire Code International Fire Code. [F] 704.4 Removal of or tampering with equipment. It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system or other fire appliance required by this code except for the purposes of extinguishing fire, training, recharging or making necessary repairs. [F] 704.4.1 Removal of or tampering with appurte- nances. Locks, gates, doors, barricades, chains, enclo- sures, signs, tags and seals that have been installed by or at the direction of the fire code official shall not be removed, unlocked, destroyed or tampered with in any manner. [F] 704.4.2 Removal of existing occupant-use hose lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where all of the following apply: 1. The installation is not required by the International Fire Code or the International Building Code. 2. The hose line would not be utilized by trained per- sonnel or the fire department. 3. The remaining outlets are compatible with local fire department fittings. [F] 704.4.3 Termination of monitoring service. For fire alarm systems required to be monitored by the Minnesota Fire Code Interna- tional Fire Code, notice shall be made to the fire code offi- cial whenever alarm monitoring services are terminated. Notice shall be made in writing by the provider of the monitoring service being terminated. [F] 704.5 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the loca- tion. Such signs shall be subject to the approval of the fire code official. [F] 704.5.1 Fire department connection access. Ready access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or movable object. Access to fire department connections shall be approved by the fire chief. Exception: Fences, where provided with an access gate equipped with a sign complying with the legend requirements of Section 912.45 of the Minnesota Fire Code International Fire Code and a means of emergency operation. The gate and the means of emergency operation shall be approved by the fire chief and maintained operational at all times. [F] 704.5.2 Clear space around connections. A working space of not less than 36 inches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing fire department connections. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 29 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES FIRE SAFETY REQUIREMENTS [F] 704.6 Single- and multiple-station smoke alarms. Sin- gle- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.6.1 through 704.6.3. [F] 704.6.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.6.1.1 through 704.6.1.4. Interconnection and power sources shall be in accordance with Sections 704.6.2 and 704.6.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occu- pancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with require- ments that were in effect at the time of installa- tion. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. [F] 704.6.1.1 Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.2 Groups R-2, R-3, R-4 and I-1. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bed- rooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.6.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.6.1.1 or 704.6.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance. [F] 704.6.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would pre- vent placement of a smoke alarm required by Section 704.6.1.1 or 704.6.1.2. [F] 704.6.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be inter- connected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or con- struction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement avail- able that could provide access for interconnection without the removal of interior finishes. [F] 704.6.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and with- out a disconnecting switch other than as required for over- current protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where construction is not taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 30 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES FIRE SAFETY REQUIREMENTS 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergo- ing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could pro- vide access for building wiring without the removal of interior finishes. [F] 704.6.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applica- ble requirements in Section 907 of the Minnesota Fire Code. International Fire Code. 2.1. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the Minnesota Fire Code. International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.6 of the International Fire Code. [F] 704.7 Single- and multiple-station smoke alarms. Sin- gle- and multiple-station smoke alarms shall be tested and maintained in accordance with the manufacturer’s instruc- tions. Smoke alarms that do not function shall be replaced. Smoke alarms installed in one- and two-family dwellings shall be replaced not more than 10 years from the date of manufacture marked on the unit, or shall be replaced if the date of manufacture cannot be determined. SECTION 705 CARBON MONOXIDE ALARMS AND DETECTION [F] 705.1 General. Carbon monoxide alarms shall be installed in dwellings in accordance with Section 1103.9 MN Statute 299F.50 and 299F.51 of the Minnesota Fire Code International Fire Code, except that alarms in dwellings covered by the Minnesota Fire Code, International Residential Code shall be installed in accordance with Section R315 of that code. [F] 705.2 Carbon monoxide alarms and detectors. Carbon monoxide alarms and carbon monoxide detection systems shall be maintained in accordance with NFPA 720. Carbon monoxide alarms and carbon monoxide detectors that become inoperable or begin producing end-of-life signals shall be replaced. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 31 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 32 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES CHAPTER 8 REFERENCED STANDARDS User note: About this chapter: This code contains numerous references to standards promulgated by other organizations that are used to provide requirements for materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in this code. These standards, in essence, are part of this code to the extent of the reference to the standard. This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ASME American Society of Mechanical Engineers Two Park Avenue New York, NY 10016-5990 ASME A17.1—2016/CSA B44—16: Safety Code for Elevators and Escalators 606.1 ASTM ASTM International 100 Barr Harbor Drive, P.O. Box C700 West Conshohocken, PA 19428-2959 F1346—91 (2010): Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs 303.2 ICC International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 IBC—18: International Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 604.3.1.1, 604.3.2.1, 702.3, 704.4.2 IECC—18: International Energy Conservation Code® 102.3 IEBC—18: International Existing Building Code® 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1 IFC—18: International Fire Code® 102.3, 201.3, 604.3.1.1, 702.1, 702.2, 704.1, 704.1.2, 704.1.3, 704.3, 704.3.1, 704.4.2, 704.4.3, 704.5.1, 704.6.4, 705.1 IFGC—18: International Fuel Gas Code® 102.3, 201.3 IMC—18: International Mechanical Code® 102.3, 201.3 IPC—18: International Plumbing Code® 102.3, 201.3, 502.5, 505.1, 505.5.1, 602.2, 602.3 IRC—18: International Residential Code® 102.3, 201.3 IZC—18: International Zoning Code® 102.3, 201.3 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 33 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES REFERENCED STANDARDS NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02169-7471 10—17: Standard for Portable Fire Extinguishers Table 704.2 12—15: Standard on Carbon Dioxide Extinguishing Systems Table 704.2 12A—15: Standard on Halon 1301 Fire Extinguishing Systems Table 704.2 17—17: Standard for Dry Chemical Extinguishing Systems Table 704.2 17A—17: Standard for Wet Chemical Extinguishing Systems Table 704.2 25—17: Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems Table 704.2 70—17: National Electrical Code 102.3, 201.3, 604.2 72—16: National Fire Alarm and Signaling Code Table 704.2 80—16: Standard for Fire Doors and Other Opening Protectives 703.3.3, 703.4 105—16: Standard for Smoke Door Assemblies and Other Opening Protectives 703.3.2 204—15: Standard for Smoke and Heat Venting Table 704.2 720—15: Standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment [F] 705.2 750—14: Standard on Water Mist Fire Protection Systems Table 704.2 2001—15: Standard on Clean Agent Fire Extinguishing Systems Table 704.2 UL Underwriters Laboratories, LLC 333 Pfingsten Road Northbrook, IL 60062 268—09: Smoke Detectors for Fire Alarm Systems 704.6.4 34 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES APPENDIX A BOARDING STANDARD The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. User note: About this appendix: Appendix A provides minimum specifications for boarding a structure. This can be utilized by a jurisdiction as a set of minimum requirements in order to result in consistent boarding quality. These requirements also provide a reasonable means to eliminate having to approve numerous methods or materials for the boarding and securing of a structure. It is important to note that the provisions of Appendix A are not mandatory unless specifically referenced in the adopting ordinance of the authority having jurisdiction. A101 GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. A102 MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum 1/2-inch-thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. A103 INSTALLATION A103.1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5. A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be pre- drilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD IBC—18 International Building Code A102.1, A102.2, A102.3 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 35 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES APPENDIX A 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. 12″ 6″ ½″ CDX plywood or performance-rated OSB. 2″ x 4″ strong backs Window frame 2″ x 4″ strong backs 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW ½ INCH CDX PLYWOOD OR PERFORMANCE-RATED OSB SHALL BE SECURED TO HEADER, BSE PLATE, STUDS, STILES, AND EDGE BLOCKING USING ALTERNATE SCREWS AND NAILS AT A MAXIMUM OF 6 INCHES O.C. 2 INCH x 4 INCH HEADER 2 INCH x 4 INCH STILE DOOR WALL FRAME 2 INCH x 4 INCH BASE PLATE 2 INCH x 4 INCH EDGE BLOCKING EITHER HORIZONTALLY OR VERTICALLY ALONG EDGE OF EACH SHEET OF PLYWOOD OR OSB. 2 INCH x 4 INCH STUDS SPACED 24 INCHES ON CENTER For SI: 1 inch = 25.4 mm. FIGURE A103.1(2) BOARDING OF DOOR WALL 36 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX A ACCESS Emergency egress ................................................ 702 From bedrooms ............................................... 404.4.2 Plumbing fixtures, access for cleaning ............... 504.2 To public way ..................................................... 702.1 Toilet room as passageway................................ 503.1 Water closet .................................................... 404.4.3 ADJACENT Privacy (hotel units, rooming units) .................... 404.1 ADMINISTRATION Scope ................................................................. 101.2 AGENT (See also OPERATOR, OWNER) Definition ............................................................... 202 AIR Combustion air ................................................... 603.5 AISLES Other laws ......................................................... 102.10 Referenced codes and standards ....................... 102.7 APPROVAL Alternatives ......................................................... 105.2 Authority . . . . . . . . . . . . . . . . . . . . . . . . . 104.1, 105.2 Modifications ....................................................... 105.1 Research reports ................................................ 105.6 Used material and equipment ............................. 105.4 APPROVED Alternative materials, methods and equipment ........................................................ 105.2 Definition ................................................................ 202 Energy conservation devices .............................. 603.6 Garbage storage facilities ................................ 308.3.1 Modifications ....................................................... 105.1 Used materials and equipment ........................... 105.4 ARTIFICIAL Minimum width ................................................... 702.2 Lighting of habitable rooms. . . . . . . . . . . . . . . . 401.3 ALTERATION Applicability of other codes ................................. 102.3 Inspection ........................................................... 104.2 Lighting of other spaces . . . . . . . . . . . . . . . . . . AUTOMOBILE Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . 402.3 302.8 Prosecution ........................................................ 106.3 AWNING Unlawful acts ...................................................... 106.1 Signs, marquees and awnings . . . . . . . . . . . . . 304.9 ANCHOR Anchored, definition............................................... 202 Architectural trim ................................................ 304.8 Signs, marquees and awnings ........................... 304.9 Unsafe conditions ............................................ 304.1.1 APPEAL Application .......................................................... 111.1 Board decision .................................................... 111.6 Board of appeals ................................................ 111.2 Court review ....................................................... 111.7 Disqualification ................................................ 111.2.3 Financial interest ............................................. 111.2.3 B BALCONY Handrails and guardrails ................................... 304.12 BASEMENT Definition ................................................................ 202 Hatchways ........................................................ 304.16 Windows ........................................................... 304.17 BATHROOM Common bathrooms . . . . . . . . . . . . . . . . 502.3, 503.1 Hotels .................................................................. 502.3 Hearing, emergency orders ................................ 109.6 Membership ........................................................ 111.2 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Locks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 503.1 Notice of appeal ................................................. 111.1 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . 605.2 Postponed hearing ............................................. 111.5 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1 Records .............................................................. 104.6 Right to appeal ................................................... 111.1 Vote .................................................................... 111.6 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BATHTUB Dwelling units . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 502.1 APPLIANCE Rooming houses . . . . . . . . . . . . . . . . . . . . . . . . 502.2 Cooking . . . . . . . . . . . . . . . . . . . . . . . . . 403.3, 602.2 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1 Mechanical ......................................................... 603.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 APPLICABILITY Water system . . . . . . . . . . . . . . . . . . . . . . . . . . 505.1 Application of references .................................... 102.9 BOARDING General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.1 Boarding standard. . . . . . . . . . . . . . . . . . . Appendix A 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 37 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX BOILER Unsafe equipment ........................................... 108.1.2 C CAPACITY Heating facilities. . . . . . . . . . . . . . 602.2, 602.3, 602.4 CAR (See AUTOMOBILE) CARBON MONOXIDE ALARMS AND DETECTION Installation .......................................................... 705.1 Maintenance ....................................................... 705.2 CEILING Basement rooms ................................................ 404.3 Fire-resistance ratings ........................................ 703.1 Interior surfaces .................................................. 305.3 Minimum height .................................................. 404.3 Sleeping rooms ................................................... 404.3 CHANGE, MODIFY Application of other codes .................................. 102.3 CHIMNEY Exterior structure .............................................. 304.11 Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2, 603.3 CLEANING Access for cleaning ............................................ 504.2 Disposal of garbage ............................................ 308.3 Disposal of rubbish ............................................. 308.2 Interior and exterior sanitation ............................ 308.1 Interior surfaces .................................................. 305.3 Plumbing facilities, maintained ........................... 504.1 Required plumbing facilities................................... 502 Responsibility of persons.................................... 305.1 Trash containers .............................................. 308.3.2 Vacant structures and land ................................. 301.3 CLEARANCE Heating facilities ................................................. 603.3 Plumbing fixtures ................................................ 504.2 CLOSING Streets ................................................................ 109.3 Vacant structures ................................................ 108.2 CLOTHES DRYER Exhaust ............................................................... 403.5 CODE OFFICIAL Condemnation .................................................... 108.1 Demolition .............................................................. 110 Duties .................................................................... 104 Emergency order ................................................... 109 Enforcement authority ........................................ 104.1 Failure to comply with demolition order .............. 110.3 Identification ....................................................... 104.3 Inspections ......................................................... 104.2 Liability, relief of personal ................................... 103.4 Membership of board of appeals ........................ 111.2 Notice of violation. . . . . . . . . . . . . . . . . . . . 104.5, 107 Notices and orders .................................................107 Official records ................................................... 104.6 Personal liability ................................................. 103.4 Placarding .......................................................... 108.4 Prosecution ........................................................ 106.3 Removal of placard ......................................... 108.4.1 Right of entry ...................................................... 104.3 Transfer of ownership......................................... 107.6 Vacant structures ............................................... 108.2 Voting of appeals board . . . . . . . . . . . . . 111.2, 111.6 COMBUSTION Combustion air ....................................................603.5 COMPONENT SERVICEABILITY Unsafe conditions ............................................ 306.1.1 CONDEMNATION Closing of vacant structures ............................... 108.2 Failure to comply ................................................ 110.3 General............................................................... 108.1 Notices and orders . . . . . . . . . . . . . . . . . 108.2, 108.3 Placarding .......................................................... 108.4 Removal of placard ......................................... 108.4.1 CONFLICT Conflict of interest ........................................... 111.2.3 Violations ............................................................ 106.1 CONNECTION Sewage system .................................................. 506.1 Water heating ..................................................... 505.4 Water system ..................................................... 505.1 CONSTRUCTION Existing structures .............................................. 101.2 CONTAINER Garbage .......................................................... 308.3.2 Rubbish storage .............................................. 308.2.1 CONTINUOUS Unobstructed egress .......................................... 702.1 CONTROL Rodent control . . . . . . . . . . . . . . . . . . . . 302.5, 304.5 Safety controls ................................................... 603.4 Weed .................................................................. 302.4 COOLING Cooling towers ..................................................304.11 CORRIDOR Accumulation of rubbish ..................................... 308.1 Light.................................................................... 402.2 Lighting fixtures ...................................................605.3 Obstructions . . . . . . . . . . . . . . . . . . . . . . 702.1, 702.2 Ratings maintained ................................................703 38 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX D DAMP, DAMPNESS Roofs .................................................................. 304.7 Window, door frames ....................................... 304.13 DANGEROUS, HAZARDOUS Condemnation .................................................... 108.1 Demolition ............................................................. 110 Electrical hazards . . . . . . . . . . . . . . . . .604.3, 604.3.1 Existing remedies ............................................... 102.4 Imminent danger ................................................... 202 Unsafe equipment ........................................... 108.1.2 Unsafe structures or premises ........................ 108.1.5 DECKS Handrails and guardrails .................................. 304.12 Maintenance . . . . . . . . . . . . . . . . . . . . . 304.2, 304.10 DEMOLITION Existing remedies ............................................... 102.4 Failure to comply ................................................ 110.3 General .................................................................. 110 Order .................................................................. 110.2 Salvage materials ............................................... 110.4 DETECTORS Smoke ................................................................... 704 DETERIORATION Components of systems .................................. 306.1.1 Definition ............................................................... 202 Exterior structure ............................................. 304.1.1 Exterior walls ...................................................... 304.6 DIRECT Egress ................................................................ 702.1 DISPOSAL Disposal of garbage ........................................... 308.3 Disposal of rubbish ............................................. 308.2 DOOR Exit doors ........................................................... 702.3 Fire ..................................................................... 703.2 Hardware .......................................................... 304.15 Insect screens .................................................. 304.14 Interior surfaces .................................................. 305.3 Locks . . . . . . . . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Maintenance . . . . . . . . . . . . . . . . . . . . 304.13, 304.15 Weather tight .................................................... 304.13 Window and door frames ................................. 304.13 DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Locked doors ...................................................... 702.3 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1, 503.2 DRAFT STOPPING Maintenance .................................................... 703.3.1 DRAIN, DRAINAGE Basement hatchways ....................................... 304.16 Plumbing connections ............................................ 506 Storm drainage ...................................................... 507 DUCT Exhaust duct ....................................................... 304.9 Duct systems ......................................................... 607 DUST Process ventilation .............................................. 403.4 DWELLING Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 305.1, 308.1 Definition ................................................................ 202 Electrical ............................................................. 604.1 Heating facilities ..................................................... 602 Required facilities ................................................... 502 E EGRESS Aisles .................................................................. 702.2 Emergency escape ............................................. 702.4 General ............................................................... 702.1 Lighting ............................................................... 402.2 Locked doors ...................................................... 702.3 Obstructions prohibited ....................................... 702.1 Stairs, porches and railings. . . . . . . . . . . . . . . 304.10, 305.4, 305.5, 307.1 ELECTRIC, ELECTRICAL EQUIPMENT Abatement of hazards, fire exposure ............... 604.3.2 Abatement of hazards, water exposure ........... 604.3.1 Condemnation..................................................... 108.1 Electrical equipment ...................................... 604.3.1.1 Facilities required ................................................ 604.1 Hazards ............................................................... 604.3 Installation ........................................................... 605.1 Lighting fixtures ................................................... 605.3 Receptacles . . . . . . . . . . . . . . . . . . . . . . 604.3, 605.2 Responsibility ...................................................... 601.2 Service ................................................................ 604.2 ELEVATOR, ESCALATORS, DUMBWAITERS Condemnation..................................................... 108.1 General ............................................................... 606.1 Maintenance . . . . . . . . . . . . . . . . . . . . . . 606.1, 606.2 EMERGENCY Emergency escape openings ............................. 702.4 Emergency measures ............................................ 109 Emergency orders............................................... 109.1 ENFORCEMENT Duties and powers ................................................. 104 Scope .................................................................. 101.2 EQUIPMENT Alternative ........................................................... 105.2 Combustion air .................................................... 603.5 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 39 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX Condemnation . . . . . . . . . . . . . . . . . . . 108.1.2, 108.3 Electrical installation ........................................... 605.1 Emergency order ................................................ 109.1 Energy conservation devices .............................. 603.6 Installation .......................................................... 603.1 Interior structure ................................................. 305.1 Placarding . . . . . . . . . . . . . . . . . . . . . . . 108.4, 108.5 Prohibited use ..................................................... 108.5 Responsibility ..................................................... 601.2 Safety controls .................................................... 603.4 Scope ................................................................. 101.2 Scope, mechanical and electrical ....................... 601.1 Support, definition .................................................. 202 Unsafe ............................................................. 108.1.2 Used ................................................................... 105.4 EXHAUST Clothes dryer ...................................................... 403.5 Exhaust ducts ..................................................... 304.9 Process ventilation ............................................. 403.4 EXISTING Remedies ........................................................... 102.4 Scope ................................................................. 101.2 Structural members . . . . . . . . . . . . . . . 304.1.1, 304.4 Structures ........................................................... 101.3 EXTERIOR Decorative features ............................................ 304.8 Exterior structure ................................................... 304 Exterior walls ...................................................... 304.6 Painting . . . . . . . . . . . . . . . . . . . . . . . . . 304.2, 304.6 Rodent harborage . . . . . . . . . . . . . . . . . 302.5, 304.5 Sanitation ............................................................ 304.1 Scope ................................................................. 301.1 Stair .................................................................. 304.10 Street numbers ................................................... 304.3 Unsafe conditions ............................................ 304.1.1 Weather tight .................................................... 304.13 F FAN Exhaust vents ..................................................... 302.6 FEES, EXPENSES, COST Closing vacant structures ................................... 108.2 Demolition . . . . . . . . . . . . . . . . . . 110.1, 110.3, 110.4 Extermination . . . . . . . . . . 309.2, 309.3, 309.4, 309.5 General ............................................................... 103.5 Relief from personal liability ................................ 103.4 FENCE Accessory ........................................................... 302.7 Maintenance ....................................................... 304.2 FIRE Blocking Maintenance ..................................... 703.3.1 FIRE DEPARTMENT Connection access. . . . . . . . . . . . . . 704.5.1, 704.5.2 Connections ....................................................... 704.5 FIRE PROTECTION SYSTEMS Emergency impairments ................................. 704.3.1 Equipment . . . . . . . . . . . . . . . 704.4, 704.4.1, 704.4.2 Inspection. . . . . . . . . . . . . . . . . 704.1, 704.1.3, 704.2 Installation ....................................................... 704.1.1 Maintenance. . . . . . . . . . . . . . . 704.1, 704.1.3, 704.2 Out of service ..................................................... 704.3 Records of maintenance ................................. 704.2.1 Required systems . . . . . . . . . . . . . . 704.1.2, 704.2.2 Smoke alarms .....................................................704.6 Smoke detections systems ............................. 704.6.4 Termination of service ..................................... 704.4.3 Testing . . . . . . . . . . . . . . . . . . . 704.1, 704.1.3, 704.2 FIRE-RESISTANCE RATINGS Ceilings................................................................703.5 Draft stopping .................................................. 703.3.1 Fire barriers ..................................................... 703.3.3 Fire blocking .................................................... 703.3.1 Fire partitions .................................................. 703.3.3 Fire walls ......................................................... 703.3.3 Maintenance ....................................................... 703.3 Opening protective ............................................. 703.4 Shafts ................................................................. 703.7 Smoke barriers ................................................ 703.3.2 Smoke partitions ............................................. 703.3.2 Unsafe conditions ............................................... 703.2 FLAMMABLE LIQUID Containers ....................................................... 108.1.2 FLOOR, FLOORING Area for sleeping purposes ............................. 404.4.1 Fire-resistance ratings ........................................ 703.1 Interior surfaces . . . . . . . . . . . . . . . . . . . 305.1, 305.3 Space requirements . . . . . . . . . . . . . . . 404.4.1, 404.6 FOOD PREPARATION Cooking equipment .............................................403.3 Sanitary condition. . . . . . . . . . . . . . . . . . 305.1, 404.7 Ventilation .......................................................... 403.4 FOUNDATION Condemnation ................................................. 108.1.1 Foundation walls ................................................ 304.5 Unsafe conditions. . . . . . . . . . . . . . . 304.1.1, 305.1.1 FRAME Window and door frames ................................. 304.13 G GAS Energy conservation devices ............................. 603.6 Exhaust vents ..................................................... 302.6 40 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX GLAZING Materials ........................................................ 304.13.1 GRADE Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . .302.2, 507 GUARD Anchorage and maintenance ........................... 304.12 Basement windows ....................................... 304.18.2 Definition ............................................................... 202 H HABITABLE Definition ............................................................... 202 Light ....................................................................... 402 Minimum ceiling height ....................................... 404.3 Minimum room width .......................................... 404.2 Required plumbing facilities .................................. 502 Residential heating facilities . . . . . . . . . . 602.2, 602.3 Space requirements ........................................ 404.4.1 Ventilation .............................................................. 403 HANDRAILS AND GUARDRAILS Handrails . . . . . . . . . . . . . . . . . .304.12, 305.5, 307.1 Stairs and porches ........................................... 304.10 HARDWARE Door hardware . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Openable windows ........................................ 304.13.2 HAZARDOUS (See DANGEROUS, HAZARDOUS) HEAT, HEATING Energy conservation devices ............................. 603.6 Fireplaces ........................................................... 603.1 Heating ............................................................... 603.1 Mechanical equipment ....................................... 603.1 Required capabilities ............................................. 602 Residential heating . . . . . . . . . . . . . . . . . 602.2, 602.3 Supply ................................................................ 602.3 Water heating facilities ....................................... 505.4 Water system ........................................................ 505 HEIGHT Minimum ceiling height ....................................... 404.3 HOT (See HEAT, HEATING) HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition ............................................................... 202 Locked doors ...................................................... 702.3 Required facilities .................................................. 502 Toilet rooms ........................................................... 503 HOUSEKEEPING UNIT Definition ............................................................... 202 I IDENTIFICATION Code official ........................................................ 104.4 INFESTATION Condemnation.................................................. 108.1.3 Definition ................................................................ 202 Insect and rodent . . . . . . . . . . . 302.5, 304.14, 309.1 INSECTS Infestation ........................................................... 309.1 Insect screens ................................................... 304.14 Pest elimination ...................................................... 309 INSPECTIONS General ............................................................... 104.2 Right of entry ....................................................... 104.3 INSPECTOR Identification ........................................................ 104.4 Inspections .......................................................... 104.2 Records ............................................................... 104.6 INTENT Code ................................................................... 101.3 INTERIOR Interior structure ..................................................... 305 Interior surfaces .................................................. 305.3 Means of egress .................................................... 702 Sanitation ............................................................ 305.1 Unsafe conditions ............................................ 305.1.1 J JURISDICTION Title ..................................................................... 101.1 K KITCHEN Electrical outlets required .................................... 605.2 Minimum width .................................................... 404.2 Prohibited use .................................................. 404.4.4 Room lighting ...................................................... 605.3 Water heating facilities ........................................ 505.4 L LANDING Handrails and guards . . . . . . . . . . . . . . . . . . . 304.12, 305.5, 306.1 Maintenance . . . . . . . . . . . . . . . . . . . . . 304.10, 305.4 LAUNDRY Room lighting ...................................................... 605.3 Water-heating facilities........................................ 505.4 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 41 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX LAVATORY Hotels ................................................................. 502.3 Required facilities .................................................. 502 Rooming houses ................................................. 502.2 Sanitary drainage system ...................................... 506 Water-heating facilities ....................................... 505.4 Water system ......................................................... 505 LEASE (SELL, RENT) Heat supplied ...................................................... 602.3 Salvage materials ............................................... 110.4 Transfer of ownership ......................................... 107.6 LIEN Closing of vacant structures ............................... 108.2 Demolition ........................................................... 110.3 Failure to comply ................................................ 110.3 LIGHT, LIGHTING Common halls and stairways . . . . . . . . . 402.2, 605.3 General .................................................................. 402 Habitable rooms ................................................. 402.1 Kitchen ................................................................ 605.3 Laundry rooms .................................................... 605.3 Luminaires .......................................................... 605.3 Other spaces ...................................................... 402.3 Responsibility ..................................................... 401.2 Scope ................................................................. 101.2 Toilet rooms ........................................................ 605.3 LIVING ROOM Room area ....................................................... 404.4.1 LOAD, LOADING Elevators, escalators and dumbwaiters .............. 606.1 Handrails and guardrails . . . . . . . . . . . 304.12, 305.5 Live load . . . . . . . . . . . . . . . . . . . . . . . . 304.4, 305.2 Stairs and porches. . . . . . . . . . . . . . . . 304.10, 305.2 Structural members . . . . . . . . . . . . . . . . 304.4, 305.2 M MAINTENANCE Required ............................................................. 102.2 MATERIAL Alternative ........................................................... 105.2 Salvage ............................................................... 110.4 Used ................................................................... 105.4 MEANS OF EGRESS (See EGRESS) MECHANICAL Installation .......................................................... 603.1 Responsibility ..................................................... 601.2 Scope ................................................................. 601.1 Ventilation, general ................................................ 403 Ventilation, toilet rooms ...................................... 403.2 MINIMUM Ceiling height ...................................................... 404.3 Room area ...................................................... 404.4.1 Room width ........................................................ 404.2 MODIFICATION Approval ............................................................. 105.1 MOTEL (See HOTELS) MOTOR VEHICLES Inoperative ..........................................................302.8 Painting .............................................................. 302.8 N NATURAL Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 402 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 403 NOTICES AND ORDERS Appeal ................................................................ 111.1 Form ................................................................... 107.2 Method of service ............................................... 107.3 Orders .................................................................... 107 Owner, responsible person ................................ 107.1 Penalties .............................................................107.5 Placarding of structure ........................................108.4 Transfer of ownership ........................................ 107.6 Unauthorized tampering ..................................... 107.4 Vacating structure .............................................. 108.2 NOXIOUS Process ventilation ............................................. 403.4 Weeds ................................................................ 302.4 NUISANCE Closing of vacant structures ............................... 108.2 O OBSTRUCTION Light ................................................................... 402.1 Right of entry ...................................................... 104.3 OCCUPANCY (See USE) OPENABLE Locked doors ...................................................... 702.3 Windows. . . . . . . . . . . . . . . . . . . . . . . 304.13.2, 403.1 OPENING PROTECTIVES Closers ............................................................... 703.8 Door operation .................................................703.4.3 Hold-open devices .......................................... 703.4.2 Maintenance ....................................................... 703.4 Signs ............................................................... 703.4.1 Testing ............................................................... 703.6 OPERATOR Definition ................................................................ 202 ORDER (See NOTICE) ORDINANCE, RULE Applicability ............................................................102 Application for appeal......................................... 111.1 42 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX OUTLET Electrical ............................................................. 605.2 OWNER Closing of vacant structures ............................... 108.2 Definition ............................................................... 202 Demolition ............................................................. 110 Failure to comply ................................................ 110.3 Insect and rat control . . . . . . . . . .302.5, 309.2, 309.4 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Pest elimination .................................................. 309.2 Placarding of structure ....................................... 108.4 Responsibility ..................................................... 301.2 Responsibility, fire safety .................................... 701.2 Responsibility, light, ventilation .......................... 401.2 Responsibility, mechanical and electrical ........... 601.2 Responsibility, plumbing facilities ....................... 501.2 Right of entry ...................................................... 104.3 Rubbish storage .............................................. 308.2.1 Scope ................................................................. 101.2 Transfer of ownership ......................................... 107.6 P PASSAGEWAY Common hall and stairway ................................. 402.2 Interior surfaces .................................................. 305.3 Toilet rooms, direct access ................................. 503.1 PENALTY Notices and orders ............................................. 107.5 Placarding of structure ....................................... 108.4 Prohibited occupancy ......................................... 108.5 Removal of placard ......................................... 108.4.1 Scope ................................................................. 101.2 Violations ............................................................ 106.4 PEST ELIMINATION Condemnation .................................................... 108.1 Definition ............................................................... 202 Insect and rodent control 302.5, 304.5, 304.14, 309.1 Pest elimination .................................................. 309.1 Responsibility of owner. . . . . . . . . . . . . . 301.2, 309.2 Responsibility of tenant-occupant.309.3, 309.4, 309.5 PLACARD, POST Closing ............................................................... 108.2 Condemnation .................................................... 108.1 Demolition ............................................................. 110 Emergency, notice .............................................. 109.1 Notice to owner. . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Placarding of structure ....................................... 108.4 Prohibited use .................................................... 108.5 Removal .......................................................... 108.4.1 PLUMBING Clean and sanitary ............................................. 504.1 Clearance ............................................................ 504.2 Connections ........................................................ 505.1 Contamination ..................................................... 505.2 Employee’s facilities ........................................... 503.3 Fixtures ............................................................... 504.1 Required facilities................................................... 502 Responsibility ...................................................... 501.2 Sanitary drainage system ...................................... 506 Scope .................................................................. 501.1 Storm drainage ...................................................... 507 Supply ................................................................. 505.3 Water heating facilities ........................................ 505.4 PORCH Handrails ........................................................... 304.12 Structurally sound ............................................. 304.10 PORTABLE (TEMPORARY) Cooking equipment ............................................. 603.1 PRESSURE Water supply ....................................................... 505.3 PRIVATE, PRIVACY Bathtub or shower ............................................... 503.1 Occupancy limitations ......................................... 404.1 Required plumbing facilities ................................... 502 Sewage system ................................................... 506.1 Water closet and lavatory ................................... 503.1 Water system ...................................................... 505.1 PROPERTY, PREMISES Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 308.1 Condemnation........................................................ 108 Definition ................................................................ 202 Demolition .............................................................. 110 Emergency measures ............................................ 109 Exterior areas ......................................................... 302 Failure to comply................................................. 110.3 Grading and drainage ......................................... 302.2 Pest elimination, multiple occupancy . . . 302.5, 309.4 Pest elimination, single occupancy . . . . . 302.5, 309.3 Responsibility ...................................................... 301.2 Scope .................................................................. 301.1 Storm drainage ...................................................... 507 Vacant structures and land ................................. 301.3 PROTECTION Basement windows ........................................... 304.17 Fire protection systems .......................................... 704 Signs, marquees and awnings ............................ 304.9 PUBLIC Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Egress ................................................................. 702.1 Hallway ............................................................... 502.3 Sewage system ................................................... 506.1 Toilet facilities . . . . . . . . . . . . . . . . . . . . . . 502.5, 503 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 43 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX Vacant structures and land ................................. 301.3 Water system ......................................................... 505 PUBLIC WAY Definition ................................................................ 202 R RAIN (PREVENTION OF ENTRY INTO BUILDING EXTERIOR ENVELOPE) Basement hatchways ....................................... 304.16 Exterior walls ...................................................... 304.6 Grading and drainage ......................................... 302.2 Roofs .................................................................. 304.7 Window and door frames .................................. 304.13 RECORD Official records .................................................... 104.6 REPAIR Application of other codes .................................. 102.3 Chimneys .......................................................... 304.11 Demolition ........................................................... 110.1 Exterior surfaces ................................................. 304.1 Intent ................................................................... 101.3 Maintenance ....................................................... 102.2 Signs, marquees and awnings ........................... 304.9 Stairs and porches ............................................ 304.10 Weather tight .................................................... 304.13 Workmanship ...................................................... 102.5 REPORTS Test reports ..................................................... 105.3.2 RESIDENTIAL Pest elimination ..................................................... 309 Residential heating ............................................. 602.2 Scope ................................................................. 101.2 RESPONSIBILITY Pest elimination ..................................................... 309 Fire safety ........................................................... 701.2 Garbage disposal ............................................... 308.3 General ............................................................... 301.2 Mechanical and electrical ................................... 601.2 Persons .............................................................. 301.1 Placarding of structure ........................................ 108.4 Plumbing facilities ............................................... 501.2 Rubbish storage .............................................. 308.2.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2, 301.1 REVOKE, REMOVE Demolition .............................................................. 110 Existing remedies ............................................... 102.4 Removal of placard .......................................... 108.4.1 Rubbish removal .............................................. 308.2.1 RIGHT OF ENTRY Duties and powers of code official ...................... 104.3 Inspections ......................................................... 104.2 RODENTS Basement hatchways ....................................... 304.16 Condemnation ........................................................108 Foundations ....................................................... 304.5 Guards for basement windows......................... 304.17 Harborage .......................................................... 302.5 Insect and rodent control .................................... 309.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . 302.5, 309 ROOF Exterior structure ................................................ 304.1 Roofs .................................................................. 304.7 Storm drainage .......................................................507 ROOM Bedroom and living room ................................... 404.4 Cooking facilities ................................................ 403.3 Direct access ...................................................... 503.2 Habitable ............................................................ 402.1 Heating facilities .....................................................602 Light........................................................................402 Minimum ceiling heights ..................................... 404.3 Minimum width ................................................... 404.2 Overcrowding ..................................................... 404.5 Prohibited use ................................................. 404.4.4 Temperature ....................................................... 602.5 Toilet.......................................................................503 Ventilation ..............................................................403 ROOMING HOUSES (See DORMITORY) RUBBISH Accumulation ...................................................... 308.1 Definition ................................................................202 Disposal ............................................................. 308.2 Garbage facilities ............................................ 308.3.1 Rubbish storage .............................................. 308.2.1 S SAFETY, SAFE Fire safety requirements . . . . . . . 701, 702, 703, 704 Safety controls ................................................... 603.4 SANITARY Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Disposal of garbage ........................................... 308.3 Disposal of rubbish ............................................. 308.2 Exterior property areas ....................................... 302.1 Exterior structure ................................................ 304.1 Food preparation ................................................ 404.7 Furnished by occupant ....................................... 302.1 Grease interceptors ............................................ 506.3 Interior surfaces ................................................. 305.3 Plumbing fixtures ................................................ 504.1 Required plumbing facilities .................................. 502 Scope ................................................................. 101.2 44 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX SCREENS Insect screens .................................................. 304.14 SECURITY Basement hatchways .................................... 304.18.3 Building ............................................................. 304.18 Doors ............................................................. 304.18.1 Vacant structures and land ................................. 301.3 Windows ........................................................ 304.18.2 SELF-CLOSING SCREEN DOORS Insect screens .................................................. 304.14 SEPARATION Fire-resistance ratings ........................................... 703 Privacy ................................................................ 404.1 Separation of units ............................................. 404.1 SERVICE Electrical ............................................................. 604.2 Method ............................................................... 107.3 Notices and orders . . . . . . . . . . . . . . . . . 107.1, 108.3 Service on occupant ........................................... 108.3 SEWER General ............................................................... 506.1 Maintenance ....................................................... 506.2 SHOWER Bathtub or shower .............................................. 502.1 Rooming houses ................................................ 502.2 Water-heating facilities ....................................... 505.4 Water system ........................................................ 505 SIGN Fire door signs ................................................. 703.4.1 Signs, marquees and awnings ........................... 304.9 Unauthorized tampering ..................................... 107.4 SINGLE-FAMILY DWELLING Extermination ........................................................ 309 SINK Kitchen sink ........................................................ 502.1 Sewage system ..................................................... 506 Water supply ...................................................... 505.3 SIZE Efficiency unit ..................................................... 404.6 Habitable room, light ............................................. 402 Habitable room, ventilation .................................... 403 Room area ....................................................... 404.4.1 SMOKE ALARMS Group R-1 ..................................................... 704.6.1.1 Groups R-2, R-3, R-4 and I-1 ....................... 704.6.1.2 Installation near bathrooms .......................... 704.6.1.4 Installation near cooking appliances ............ 704.6.1.3 Interconnection ................................................ 704.6.2 Power source .................................................. 704.6.3 Testing ................................................................ 704.7 Where required ................................................ 704.6.1 SPACE General, light. ......................................................... 402 General, ventilation ................................................ 403 Occupancy limitations ............................................ 404 Privacy ................................................................ 404.1 Scope .................................................................. 401.1 STACK Smoke ............................................................... 304.11 STAIRS Common halls and stairways, light ..................... 402.2 Exit facilities ........................................................ 305.4 Exterior property areas ....................................... 302.3 Handrails. . . . . . . . . . . . . . . . . . . . . . . . 304.12, 305.5 Lighting ............................................................... 605.3 Stairs and porches ............................................ 304.10 STANDARD Referenced ......................................................... 102.7 STOP WORK ORDER Authority .............................................................. 112.1 Emergencies ....................................................... 112.3 Failure to comply ................................................. 112.4 Issuance .............................................................. 112.2 STORAGE Food preparation ................................................. 404.7 Garbage storage facilities ................................... 308.3 Rubbish storage facilities ................................. 308.2.1 Sanitation ............................................................ 308.1 STRUCTURE Accessory structures........................................... 302.7 Closing of vacant structures ............................... 108.2 Definition ................................................................ 202 Emergency measures ............................................ 109 General, condemnation ......................................... 110 General, exterior ................................................. 304.1 General, interior structure ................................... 305.1 Placarding of structure ........................................ 108.4 Scope .................................................................. 301.1 Structural members. . . . . . . . . . . . . . . . . 304.4, 305.2 Vacant structures and land ................................. 301.3 SUPPLY Combustion air .................................................... 603.5 Public water system ............................................ 505.1 Water-heating facilities ....................................... 505.4 Water supply ....................................................... 505.3 Water system ......................................................... 505 SURFACE Exterior surfaces . . . . . . . . . . . . . . . . . . . 304.2, 304.6 Interior surfaces .................................................. 305.3 SWIMMING Enclosure ............................................................ 303.2 Safety covers ...................................................... 303.2 Swimming pools .................................................. 303.1 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 45 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX T TEMPERATURE Nonresidential structures .................................... 602.4 Residential buildings .......................................... 602.2 Water-heating facilities ....................................... 505.4 TENANT Scope ................................................................. 101.2 TEST, TESTING Agency ............................................................. 105.3.1 Methods ........................................................... 105.3.1 Reports ............................................................ 105.3.2 Required ............................................................. 105.3 TOXIC Process ventilation ............................................. 403.4 TRASH Rubbish and garbage ............................................ 308 U UNOBSTRUCTED Access to public way .......................................... 702.1 General, egress .................................................. 702.1 UNSAFE STRUCTURES AND EQUIPMENT Abatement methods ........................................... 108.6 Dangerous structure or premises .................... 108.1.5 Equipment ....................................................... 108.1.2 Existing remedies ............................................... 102.4 General, condemnation . . . . . . . . . . . . . . . . 108, 110 General, demolition ............................................... 110 Notices and orders. . . . . . . . . . . . . . . . . . . 107, 108.3 Record ................................................................ 108.7 Structures ........................................................ 108.1.1 USE Application of other codes .................................. 102.3 General, demolition ............................................... 110 UTILITIES Authority to disconnect .................................... 108.2.1 V VACANT Abatement methods ........................................... 108.6 Authority to disconnect service utilities ............ 108.2.1 Closing of vacant structures ............................... 108.2 Emergency measure ............................................. 109 Method of service . . . . . . . . . . . . . . . . . 107.3, 108.3 Notice to owner or to person responsible . . . . . . . . . . . . . . . . . 107, 108.3 Placarding of structure ....................................... 108.4 Record ................................................................ 108.7 Vacant structures and land ................................. 301.3 VAPOR Exhaust vents ..................................................... 302.6 VEHICLES Inoperative ......................................................... 302.8 Painting .............................................................. 302.8 VENT Plumbing hazard ................................................ 504.3 Exhaust vents ..................................................... 302.6 Flue .................................................................... 603.2 VENTILATION Clothes dryer exhaust ........................................ 403.5 Combustion air ................................................... 603.5 Definition ................................................................202 General, ventilation ................................................403 Habitable rooms ................................................. 403.1 Process ventilation ............................................. 403.4 Recirculation . . . . . . . . . . . . . . . . . . . . . 403.2, 403.4 Toilet rooms ....................................................... 403.2 VERMIN Condemnation ........................................................ 108 Insect and rodent control . . . . . . . . . . . . . . 302.5, 309 VERTICAL SHAFTS Required enclosure ............................................ 703.7 VIOLATION Condemnation ........................................................ 108 Enforcement ....................................................... 106.2 General...................................................................106 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107, 108.3 Separate offenses .............................................. 106.4 Placarding of structure ....................................... 108.4 Prosecution ........................................................ 106.3 Strict liability offense . . . . . . . . . . . . . . . . . 106.3, 202 Transfer of ownership ........................................ 107.6 W WALK Sidewalks ........................................................... 302.3 WALL Accessory structures .......................................... 302.7 Exterior surfaces . . . . . . . . . . . . . . . . . . 304.2, 304.6 Exterior walls ...................................................... 304.6 Foundation walls ................................................ 304.5 General, fire-resistance rating ............................ 703.1 Interior surfaces ................................................. 305.3 Outlets required .................................................. 605.2 Temperature measurement................................ 602.5 WASTE Disposal of garbage ........................................... 308.3 Disposal of rubbish ............................................. 308.2 Garbage storage facilities ............................... 308.3.1 WATER Basement hatchways ........................................304.16 Connections ....................................................... 506.1 46 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES INDEX Contamination .................................................... 505.2 General, sewage ................................................... 506 General, storm drainage ........................................ 507 General, water system .......................................... 505 Heating ............................................................... 505.4 Hotels ................................................................. 502.3 Kitchen sink ........................................................ 502.1 Nonpotable water reuse . . . . . . . . . . . .505.5, 505.5.1 Required facilities .................................................. 502 Rooming houses ................................................ 502.2 Supply ................................................................ 505.3 System .................................................................. 505 Toilet rooms ........................................................... 503 Water-heating facilities ....................................... 505.4 WEATHER, CLIMATE Heating facilities .................................................... 602 WEEDS Noxious weeds ................................................... 302.4 WIDTH Minimum room width .......................................... 404.2 WINDOW Emergency escape ............................................. 702.4 Glazing .......................................................... 304.13.1 Guards for basement windows ......................... 304.17 Habitable rooms ................................................. 402.1 Insect screens .................................................. 304.14 Interior surface ................................................... 305.3 Light ....................................................................... 402 Openable windows ........................................ 304.13.2 Toilet rooms ........................................................ 403.2 Ventilation .............................................................. 403 Weather tight .................................................... 304.13 Window and door frames ................................. 304.13 WORKMANSHIP General ............................................................... 102.5 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® 47 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES 48 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES BENEFITS THAT WORK FOR YOU No matter where you are in your building career, put the benefits of ICC Membership to work for you! Membership in ICC connects you to exclusive I-Codes resources, continuing education opportunities and Members-Only benefits that include: · Free code opinions from I-Codes experts · Free I-Code book(s) or download to new Members* · Discounts on I-Code resources, training and certification renewal · Posting resumes and job search openings through the ICC Career Center · Mentoring programs and valuable networking opportunities at ICC events · Free benefits — Corporate and Governmental Members: Your staff can receive free ICC benefits too* · Savings of up to 25% on code books and training materials and more Put the benefits of ICC Membership to work for you and your career. Visit www.iccsafe.org/mem3 to join now or to renew your Membership. Or call 1-888-ICC-SAFE (422-7233), ext. 33804 to learn more today! * Some restrictions apply. Speak with an ICC Member Services Representative for details. People Helping People Build a Safer World® 16-12897 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES ICC Plan Review Services… For the most detailed and precise Plan Reviews in the industry Ever wonder why code officials, architects and other building professionals value and accept ICC plan reviews? • Experience – Our I-Code experts have expertise in ALL the International Codes® (I-Codes®) • Detailed Report – identifies code deficiencies found • Complimentary re-review of reissued plans* Plus, ICC Plan Review Services has over 200 years of combined experience with applications of the codes, 6 registered design professionals on staff and 120 International Code Council Certifications, so you can be assured that ICC will deliver the most detailed and precise plan reviews in the industry. *Applies to “Complete Plan Review Services”. Contact ICC Plan Review staff for details. 17-14096 To get your plan review started now or to learn about disciplines reviewed, plan review options and more, visit www.iccsafe.org/plr4 or call 888-422-7233, x5577. Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES ck nal ng and Plan for your ment from one, People Helping People Build a Safer World® Looking for the missing piece? Solve the puzzle and advance your career with ICC University ICC University has been built from the ground up with you in mind. Take advantage of tools to help you better tra and manage your career growth and professio development, including automatic CEU tracki simplified search options to find code training. future and manage your professional develop easy-to-use location. ICC University provides you with: • Simplified access to over 300 training options • Automatic CEU tracking to keep you on track for recertification • Robust curriculums that identify supporting courses, publications and exam study materials to assist you in preparing for certification exams and achieving your next professional milestone • The ability to purchase all courses, related publications and exam preparation materials – as well as register for certification exams – from a single screen • And more! www.iccsafe.org/ExploreICCU 17-14099 Copyright © 2017 ICC. ALL RIGHTS RESERVED. Accessed by Daniel Grinsteinner (dgrinsteinner@ci.brooklyn-center.mn.us), ( City of Brooklyn Center) Order Number #100602933 on Oct 12, 2018 8:16:45 AM pursuant to License Agreement with ICC. No further reproduction or distribution authorized. Single user only, copying and networking prohibited. ANY UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS A VIOLATION OF THE FEDERAL COPYRIGHT ACT AND THE LICENSE AGREEMENT, AND SUBJECT TO CIVIL AND CRIMINAL PENALTIES in the 2018 I-Codes® People Helping People Build a Safer World® Valuable Guides to Changes NEW! FULL COLOR! HUNDREDS OF PHOTOS AND ILLUSTRATIONS! SIGNIFICANT CHANGES TO THE 2018 INTERNATIONAL CODES® Practical resources that offer a comprehensive analysis of the critical changes made between the 2015 and 2018 editions of the codes. Authored by ICC code experts, these useful tools are “must-have” guides to the many important changes in the 2018 International Codes. Key changes are identified then followed by in-depth, expert discussion of how the change affects real world application. A full-color photo, table or illustration is included for each change to further clarify application. SIGNIFICANT CHANGES TO THE IBC, 2018 EDITION #7024S18 SIGNIFICANT CHANGES TO THE IRC, 2018 EDITION #7101S18 SIGNIFICANT CHANGES TO THE IFC, 2018 EDITION #7404S18 SIGNIFICANT CHANGES TO THE IPC/IMC/IFGC, 2018 EDITION #7202S18 ORDER YOUR HELPFUL GUIDES TODAY! 1-800-786-4452 | www.iccsafe.org/books HIRE ICC TO TEACH Want your group to learn the Significant Changes to the I-Codes from an ICC expert instructor? Schedule a seminar today! email: ICCTraining@iccsafe.org | phone: 1-888-422-7233 ext. 33818 17-14098 MEMOR ANDUM - C OUNCIL WOR K SESSION DAT E:10/22/2018 TO :C urt Boganey, C ity Manager F R O M:Barb S uciu, C ity C lerk S UBJ EC T:F uture P ending Items Recommendation: C ities United Members hip Livable Wages Transient Ac commodations - November Liquor/P ublic Dance O rdinanc e - November Tenant P rotection O rdinanc e Affordable Hous ing R ec ommendations O n-S treet P arking C onditions Background: